STATE OF OHIO v. PETERSON, LOWRY, RALL, ETC.

No. 79-1762.

651 F.2d 687 (1981)

STATE OF OHIO, Plaintiff-Appellant, v. PETERSON, LOWRY, RALL, BARBER & ROSS et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing and Rehearing Denied May 26, 1981.


Attorney(s) appearing for the Case

J. Vernon Patrick, Jr., Birmingham, Ala. (Thomas J. Gallo and William R. Sylvester, Birmingham, Ala., with him on the brief) of Berkowitz, Lefkovits & Patrick, Birmingham, Ala. (and Harry L. Hobson and William J. Baum, Jr. of Holland & Hart, Denver, Colo., with him on the brief), for plaintiff-appellant.

Robert H. Wheeler, Chicago, Ill. (Donald J. McLachlan and John W. Treece, Chicago, Ill., with him on the brief) of Isham, Lincoln & Beale, Chicago, Ill. (and Jeffrey A. Hyman, Denver, Colo., with him on the brief), for defendants-appellees Peterson, Ross, Rall, Barber & Seidel and individually-named defendants-appellees except Timothy G. Lowry.

Mitchell A. Orpett, Chicago, Ill. (Donald M. Haskell and James J. Widland, Chicago, Ill., with him on the brief) of Haskell & Perrin, Chicago, Ill. (and Raymond J. Connell of Yegge, Hall & Evans, Denver, Colo., with him on the brief), for defendant-appellee Timothy G. Lowry.

Before SETH, Chief Judge, McKAY, Circuit Judge, and PALMIERI, District Judge.


Rehearing and Rehearing En Banc Denied May 26, 1981.

PALMIERI, District Judge.

The State of Ohio appeals from a summary judgment dismissing its action in securities fraud as barred by the statute of limitations. Ohio brought this action under § 20 and § 10(b) of the Securities Exchange Act of 19341 against Peterson, Lowry, Rall, Barber & Ross, a Chicago law firm, and Timothy G. Lowry, a former member of that firm...

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