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DIXON v. OPPENHEIMER & CO., INC.

Nos. 83-1906(L), 83-1907.

739 F.2d 165 (1984)

Franklin P. DIXON and Mrs. Mae S. Merchant, Executors of the Last Will and Testament of W. Caton Merchant, Jr., Deceased, Appellee, v. OPPENHEIMER & CO., INC., Appellant. Franklin P. DIXON and Mrs. Mae S. Merchant, Executors of the Last Will and Testament of W. Caton Merchant, Jr., Deceased, Appellant, v. OPPENHEIMER & CO., INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 17, 1984.

Attorney(s) appearing for the Case

K. Dennis Sisk, Richmond, Va. (James E. Farnham, Hunton & Williams, Richmond, Va., on brief), for appellees/appellants.

Joanne F. Alper, Arlington, Va. (Harvey B. Cohen, William L. Jacobson, Cohen, Gettings, Alper & Dunham, Arlington, Va., on brief), for appellant/appellee.

Before MURNAGHAN, ERVIN and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

In this diversity case involving the Virginia Securities Act, the district court granted summary judgment for the plaintiff, who claimed that he was entitled to rescind or to retain the purchase of each security sold to him by a person who had failed to register as an agent of a broker-dealer. The district court, however, denied plaintiff's request for counsel fees. Both parties appealed. We find that, in its excellent opinion, Merchant...

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