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JERRY T. O'BRIEN, INC. v. SECURITIES AND EXCHANGE COMMISSION

Nos. 82-3108, 82-3109 and 82-3185.

719 F.2d 300 (1983)

JERRY T. O'BRIEN, INC., doing business as Pennaluna & Co., et al., Plaintiffs-Appellants, v. SECURITIES AND EXCHANGE COMMISSION, et al., Defendants-Appellees, and Harry F. MAGNUSON and H.F. Magnuson & Company, Cross-Plaintiffs-Appellants, v. SECURITIES AND EXCHANGE COMMISSION, et al., Cross-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1983.

Attorney(s) appearing for the Case

Linda D. Fienberg, S.E.C., Washington, D.C., for defendants-appellees.

William D. Symmes, Witherspoon, Kelley, Davenport & Toole, Spokane, Wash., for cross-plaintiffs-appellants.

C. Dean Little, Lesourd, Patten, Fleming, Hartung & Emory, Seattle, Wash., for plaintiffs-appellants.

Before SKOPIL, PREGERSON, and FERGUSON, Circuit Judges.

ORDER

The panel as constituted above has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.

The full court has been advised of the suggestion for rehearing en banc and an active judge called for an en banc vote. The matter failed to receive the vote of a majority of the active judges in favor of en banc consideration. Federal Rule 35(b).

The petition for rehearing is denied, 704 F.2d 1065...

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