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BERNER v. LAZZARO

No. 83-1972.

730 F.2d 1319 (1984)

Carl F. BERNER, Charles Bruner, Dennis T. Demetre, Lawrence Epstein, Barry S. Glass, Herbert Greenbaum, Robert M. Jacobs, Arnold R. Keiles, Harry Mittleman and Gary L. Nobel, Plaintiffs-Appellants, v. Charles P. LAZZARO; Bateman Eichler, Hill Richards Incorporated, Leslie L. Neadeau, and T.O.N.M. Oil & Gas Exploration Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 13, 1984.

As Amended July 23, 1984.

Attorney(s) appearing for the Case

Larry Lavoie, Asst. U.S. Atty., Daniel J. Kraus, S.E.C., Washington, D.C., Geoffrey P. Knudsen, Boone, Knudsen & Martin, P.C., San Francisco, Cal., for plaintiffs-appellants.

Phillip L. Bosl, Gibson, Dunn & Crutcher, Los Angeles, Cal., for defendants-appellees.

Before ANDERSON, SCHROEDER, and ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

Appellants seek a reversal of the judgment of the district court granting appellees' motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b).1 The trial court determined that the application of the in pari delicto doctrine barred appellants from any right to recovery. Because we feel that securities professionals and corporate officers...

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