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WEIL v. INVESTMENT/INDICATORS, RESEARCH & MANAGEMENT, INC.

CA No. 77-2754.

647 F.2d 18 (1981)

Pauline WEIL and Emanuel J. Weil, on Behalf of Themselves and all Others Similarly Situated, Plaintiffs-Appellants, v. INVESTMENT/INDICATORS, RESEARCH AND MANAGEMENT, INC., Desmond W. Mitchell, Charles R. Schwab, Robert Birkie, John Hossfeld, Marjorie A. Wegner and Laurel Brook Farms, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1981.

Rehearing and Rehearing Denied August 28, 1981.

Attorney(s) appearing for the Case

Arthur W. Friedman, Devoe, Shadur & Krupp, Chicago, Ill., for plaintiffs-appellants.

Reed H. Bement, George M. Carr, Carr, Smulyan & Hartman, John B. Bates, Jr., San Francisco, Cal., for defendants-appellees.

Before TRASK and WALLACE, Circuit Judges, and EAST, District Judge.

Rehearing and Rehearing En Banc Denied August 28, 1981.

TRASK, Circuit Judge:

This case is before us on appeal from the district court's dismissal of appellant Weil's complaint because she failed to post a $40,000 undertaking ordered by the court pursuant to section 11(e) of the Securities Act of 1933 (the '33 Act), 15 U.S.C. § 77k(e). Weil contends that issuance of this order was an abuse of discretion. She also contends that the court erred in refusing...

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