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UNITED STATES v. CHIARELLA

No. 137, Docket 78-1201.

588 F.2d 1358 (1978)

UNITED STATES of America, Appellee, v. Vincent F. CHIARELLA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 29, 1978.

Attorney(s) appearing for the Case

Stanley S. Arkin, New York City (Arkin, Arisohn & Cross, P. C., Mark S. Arisohn, Lee Cross, New York City, of counsel), for defendant-appellant.

John S. Siffert, Asst. U. S. Atty., Southern District of New York, New York City (Robert B. Fiske, Jr., U. S. Atty., Richard D. Weinberg, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before KAUFMAN, Chief Judge, and SMITH and MESKILL, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

The draftsmen of our nation's securities laws, rejecting the philosophy of caveat emptor, created a system providing equal access to the information necessary for reasoned and intelligent investment decisions. It is apodictic that betting on a "sure thing" is anathema to the ideal of "fair and honest markets" established as the foundation of this statutory edifice.1 The present case requires us to...

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