WACHOVIA BANK AND TRUST CO., N. A. (as Trustee and Agent for various trust accounts) et al., Appellants
v.
NATIONAL STUDENT MARKETING CORPORATION, et al., two cases.
WACHOVIA BANK AND TRUST CO., N. A. (as Trustee and Agent for various trust accounts) et al.
v.
NATIONAL STUDENT MARKETING CORPORATION, et al., White & Case et al., Appellants.
WACHOVIA BANK AND TRUST CO., N. A. (as Trustee and Agent for various trust accounts) et al.
v.
NATIONAL STUDENT MARKETING CORPORATION, et al., Peat, Marwick et al., Appellants.
WACHOVIA BANK AND TRUST CO., N. A. (as Trustee and Agent for various trust accounts) et al.
v.
NATIONAL STUDENT MARKETING CORPORATION et al., Roger O. Walther, Appellant.
WACHOVIA BANK AND TRUST CO., N. A. (as Trustee and Agent for various trust accounts) et al.
v.
NATIONAL STUDENT MARKETING CORPORATION et al., James F. Joy, Appellant.
WACHOVIA BANK AND TRUST CO., N. A. (as Trustee and Agent for various trust accounts) et al.
v.
NATIONAL STUDENT MARKETING CORPORATION et al., Donald A. Fergusson and Robert A. Fergusson, Appellants.
WACHOVIA BANK AND TRUST CO., N. A. (as Trustee and Agent for various trust accounts) et al.
v.
NATIONAL STUDENT MARKETING CORPORATION et al., Cortes W. Randell, Appellant.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 13, 1979.
Decided December 5, 1980.
Certiorari Denied June 15, 1981.
Attorney(s) appearing for the Case
Juan A. del Real and Gilbert C. Miller, Washington, D. C., with whom Richard M. Phillips, Washington, D. C., was on brief, for appellants in No. 79-1595.
Paul Gonson, Principal Associate Gen. Counsel, Securities and Exchange Commission, Washington, D. C., with whom Michael K. Wolensky, Asst. Gen. Counsel, Securities and Exchange Commission, Washington, D. C., was on brief, for amicus curiae, Securities and Exchange Commission, in No. 79-1595 urging reversal.
Milton V. Freeman, Washington, D. C., with whom Daniel A. Rezneck, Thomas D. Nurmi, and Lawrence A. Schneider, Washington, D. C., were on brief, for White & Case and Marion Jay Epley, III, appellees in No. 79-1595 and cross-appellants in No. 79-1597.
William E. Hegarty, New York City, with whom Mathias E. Mone, New York City, was on brief, for Peat, Marwick, Mitchell & Co., et al., appellees in Nos. 79-1595 and 79-1596 and cross-appellants in No. 79-1598.
Franklin M. Schultz and Bruce W. Dunne, Washington, D. C., were on brief for James F. Joy, appellee in Nos. 79-1595, 79-1596, 79-1597, 79-1598, 79-1599, 79-1601, and 79-1602 and cross-appellant in No. 79-1600.
Sidney Dickstein, Washington, D. C., was no brief for Roger O. Walther, appellee in Nos. 79-1595, 79-1596, 79-1597, 79-1598, 79-1600, 79-1601, and 79-1602 and cross-appellant in No. 79-1599.
William R. Bernard, Washington, D. C., was on brief, for Cortes W. Randell, appellee in Nos. 79-1595, 79-1596, 79-1597, 79-1598, 79-1599, 79-1600, and 79-1601 and cross-appellant in No. 79-1602.
George P. Michaely, Jr., Boston, Mass., were on brief, for Fergusson, et al., appellees in No. 79-1595 and cross-appellants in No. 79-1601.
Also Cherif Sedky entered an appearance for appellants Wachovia Bank and Trust Co., et al. in Nos. 79-1595 and 79-1596.
Before ROBINSON and MIKVA, Circuit Judges, and FLANNERY, United States District Judge for the District of Columbia.
United States Court of Appeals, District of Columbia Circuit.
Certiorari Denied June 15, 1981. See 101 S.Ct. 3098, 3099.
Opinion for the court filed by Circuit Judge MIKVA.
MIKVA, Circuit Judge:
This is yet another installment in the saga of the collapse of one of the glamor stocks of the 1960s, the National Student Marketing Corporation (NSMC). Appellants allege a widespread scheme to misrepresent the financial condition of NSMC and thereby to stimulate investor interest in NSMC's securities. They seek damages...
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