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S. E. C. v. G. C. GEORGE SECURITIES, INC.

Nos. 78-1754, 78-2212.

637 F.2d 685 (1981)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. G. C. GEORGE SECURITIES, INC., Grover Cleveland "Pat" George; Gene Grover et al., Defendants, Jerry T. O'Brien, Inc., d/b/a Pennaluna & Company, and Jerry Titus O'Brien, Individually, Defendant-Appellant. SECURITIES & EXCHANGE COMMISSION, Plaintiff-Appellant, v. G. C. GEORGE SECURITIES, INC., Grover Cleveland "Pat" George; Gene Grover et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1981.

As Modified on Denial of Rehearing March 25, 1981.

Attorney(s) appearing for the Case

George Prince, Seattle, Wash., Andrew W. Sidney, Washington, D. C., on brief; John P. Sweeney, Securities & Exchange Comm., Washington, D. C., for Securities & Exchange Comm.

William D. Symmes, Witherspoon, Kelley, Davenport & Toole, Spokane, Wash., for O'Brien.

Before ANDERSON and SKOPIL, Circuit Judges, and BYRNE, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

The defendant-appellant Pennaluna appeals from the district court's refusal to enjoin a pending Securities & Exchange Commission administrative proceeding. The court below concluded that Pennaluna must first exhaust its administrative remedies in the SEC proceeding before seeking relief in court. We determine, however, that the district court erred as a matter of law when it concluded that it had no jurisdiction and mechanically...

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