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UNDERHILL ASSOCIATES, INC. v. BRADSHAW

No. 81-1222.

674 F.2d 293 (1982)

UNDERHILL ASSOCIATES, INC., Brenner Steed & Associates, Inc., First Omaha Securities, Corp., Appellants, v. Junie BRADSHAW, Thomas P. Harwood, Jr., Preston C. Shannon, All Commissioners of the Va. State Corp. Commission, Lewis Brothers, Jr., Director, Securities Division State Corp. Commission, Appellees, Securities and Exchange Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 25, 1982.

Attorney(s) appearing for the Case

Thomas C. Henry, Washington, D.C. (Carl L. Shipley, Shipley, Smoak & Henry, Washington, D.C., on brief), for appellants.

Joel H. Peck, Richmond, Va., Harvey Bell, Little Rock, Ark. (Lewis S. Minter, Donald G. Owens, State Corp. Commission of Virginia, Richmond, Va., on brief), for appellees.

Edward F. Greene, Gen. Counsel, Securities & Exchange Commission, Washington, D.C. (Paul Gonson, Sol., Jacob H. Stillman, Associate Gen. Counsel, Richard A. Kirby, Sp. Counsel, Robert Lipsher, Robert Mills, Washington, D.C., on brief), for amicus curiae.

Before INGRAHAM, Senior Circuit Judge, and MURNAGHAN and SPROUSE, Circuit Judges.

SPROUSE, Circuit Judge:

Underhill Associates, Inc., Brenner Steed & Associates, Inc., and First Omaha Securities Corp. appeal from the judgment of the district court denying them relief and holding constitutional the registration provision of the Virginia Securities Act (Act), Va.Code § 13.1-504. The appellants instituted this action in district court against the commissioners of the State Corporation Commission (SCC) and the director of the SCC's securities...

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