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HERZFELD v. U.S. DIST. COURT FOR DIST. OF COLO.

Nos. 82-1948, 82-1994, 82-2044, 82-2045 and 82-2046.

699 F.2d 503 (1983)

Robert C. HERZFELD, Petitioner, v. The UNITED STATES DISTRICT COURT For the DISTRICT OF COLORADO and the Honorable Fred M. Winner, Respondents. UNITED STATES of America, Plaintiff, v. Trenton H. PARKER, International Mining Exchange, Inc., Defendants, Elizabeth Eken, as representative of the class of investors defrauded by Trenton H. Parker and International Mining Exchange, Inc., Appellant, William C. Lam, Receiver-Appellee. Robert C. HERZFELD, Plaintiff-Appellant, v. Trenton H. PARKER, Adrian Doyle, James T. Wilson, Stephen Spangler, Robert E. Norwood and International Mining Exchange, a Colorado corporation, Defendants-Appellees. Robert F. BROWN, Robert A. Brandt and RFB Petroleum, Inc., a Texas corporation, Plaintiffs-Appellants, v. Trenton H. PARKER, the International Mining Exchange, Inc., a Colorado corporation, R. Steven Spangler, James T. Wilson, Adrian Doyle and Robert Norwood, Defendants-Appellees. Elizabeth EKEN and William Johnson, Plaintiffs-Appellants, v. INTERNATIONAL MINING EXCHANGE, INC., et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 7, 1983.

Attorney(s) appearing for the Case

Patrick C. English of Dines, English & O'Kane, Clifton, N.J. (Walter L. Gerash of Gerash & Robinson, P.C., Denver, Colo., with him on brief), for plaintiff-appellant Elizabeth Eken.

Richard B. Podoll of Podoll & Podoll, P.C., Denver, Colo., for plaintiff-appellant Robert C. Herzfeld.

William A. Wilson of William Andrew Wilson, P.C., Denver, Colo., for plaintiffs-appellants Robert F. Brown and RFB Petroleum, Inc.

Richard N. Stuckey of Keene, Munsinger & Stuckey, Denver, Colo., for receiver-appellee William C. Lam.

Robert T. McAllister, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty. and Gerald J. Rafferty, Asst. U.S. Atty., Denver, Colo., with him on brief), for plaintiff United States of America.

Before SETH, Chief Judge, and BARRETT and DOYLE, Circuit Judges.

SETH, Chief Judge.

In this case we consider consolidated appeals all of which arise from a somewhat involved set of facts. We set out only the facts necessary to explain our disposition of the matter.

Trenton H. Parker was indicted in Colorado for mail fraud in connection with an investment plan. During his trial he pled guilty in the United States District Court for Colorado, 543 F.Supp. 1019, under a plea agreement pursuant...

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