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S.E.C. v. YOUMANS

No. 83-5054.

729 F.2d 413 (1984)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellant, v. Neal Rountree YOUMANS, et al., Defendants, Thomas Wendell Holliday, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 8, 1984.

Rehearing and Rehearing Denied April 27, 1984.

Attorney(s) appearing for the Case

Ira Paull (lead), Securities & Exchange Commission, Washington, D.C., Jacob H. Stillman, Barton S. Sacher, Securities & Exchange Commission, Atlanta Regional Office, Atlanta, Ga., Elisse B. Walter (argued), Robert Mills, Washington, D.C., for plaintiff-appellant.

James W. Gentry, Jr. (argued), Jeff Boehm, Chattanooga, Tenn., for defendant-appellee.

Before ENGEL and CONTIE, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 27, 1984.

CONTIE, Circuit Judge.

The Securities and Exchange Commission (SEC) appeals from a district court order which declined to enjoin Holliday, the defendant, from violating certain provisions of the securities laws. Although the district court, 543 F.Supp. 1292, found that both Holliday and a co-defendant, Chepul, had violated section 17(a)(1), (2) and (3) of the Securities...

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