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RIVERS v. ROSENTHAL & CO.

No. 79-1313.

686 F.2d 297 (1982)

John RIVERS and Tom Lamb, (Dan P. Rivers, as Executor of the will of John Rivers, substituted in place and stead of John Rivers, deceased), Plaintiffs-Appellees, v. ROSENTHAL & COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 20, 1982.

Attorney(s) appearing for the Case

Sidney O. Smith, Jr., James S. Stokes, IV, Peter O. Bassett, Atlanta, Ga., Wyck A. Knox, Jr., Augusta, Ga., Clinton Burr, Chicago, Ill., for defendant-appellant.

Robert E. Goodfriend, Dallas, Tex., amicus curiae, for Drexel, Burnham Lambert, Inc.

Albert H. Dallas, Thomson, Ga., Jerry L. Sims, Atlanta, Ga., for plaintiffs-appellees.

John G. Gaine, Gen. Counsel, Mark Young, Atty., Commodity Futures Trading Com'n, Washington, D. C., amicus curiae.

Before KRAVITCH, HENDERSON and REAVLEY, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

The Supreme Court, ___ U.S. ___, 102 S.Ct. 2228, 72 L.Ed.2d 841, has vacated our judgment (see 634 F.2d 774) and remanded for further consideration in light of Merrill Lynch, Pierce, Fenner & Smith v. Curran, 456 U.S. ___, 102 S.Ct. 1825, 72 L.Ed.2d 182 (1982). The Court in that decision held that an implied private right of action does exist under...

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