O'HARA v. KOVENS

No. 79-1524.

625 F.2d 15 (1980)

James Francis O'HARA, III, Michael Patrick O'Hara, Individually and as guardians of the property of Josephine M. O'Hara, Appellants, v. Irvin KOVENS, Marvin Mandel, W. Dale Hess, Harry W. Rodgers, III, William A. Rodgers, Ernest N. Cory, Jr., Eugene B. Casey, Irving T. Schwartz, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 16, 1980.


Attorney(s) appearing for the Case

James B. Wieland, William A. Snyder, Jr., Baltimore, Md. (John T. Ward, Ober, Grimes & Shriver, Baltimore, Md., on brief), for appellants.

Gerard Martin, Baltimore, Md. (Arnold M. Weiner, William F. Gately, Baltimore, Md., William G. Hundley, Thomas C. Green, Washington, D. C., Gary M. Anderson, Laurel, Md., Charles W. Bills, Washington, D. C., H. Russell Smouse, Baltimore, Md., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BUTZNER and PHILLIPS, Circuit Judges.


HAYNSWORTH, Chief Judge:

Presented on this appeal is the civil counterpart to United States v. Mandel, 602 F.2d 653 (4th Cir.) (en banc), modifying and rev'g, 591 F.2d 1347 (4th Cir. 1979). Plaintiffs claim to be defrauded sellers of stock in the Marlboro Race Track. Suit is brought under the Securities Exchange Act of 1934, § 10(b), 15...

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