WILSON v. SAINTINE EXPLORATION AND DRILLING CORP.

No. 357, Docket 87-7357.

872 F.2d 1124 (1989)

Kenneth J. WILSON, Plaintiff-Appellee, v. SAINTINE EXPLORATION AND DRILLING CORPORATION and the Estate of Robert D.P. Welch, Fred A. Rodolfy and Ruffa & Hanover, P.C., Defendants. Appeal of RUFFA & HANOVER, P.C., Defendant.

United States Court of Appeals, Second Circuit.

Decided April 5, 1989.


Attorney(s) appearing for the Case

Robert E. Meshel, D'Amato & Lynch, New York City, for defendant Ruffa & Hanover, P.C.

Jonathan B. Altschuler, New York City, for plaintiff-appellee Kenneth J. Wilson.

Daniel L. Goelzer, Gen. Counsel, Securities & Exchange Com'n, Washington, D.C. (Jacob H. Stillman, Associate Gen. Counsel, Thomas L. Riesenberg, Sr. Sp. Counsel, Rada L. Potts, Atty., Paul Gonson, Sol., S.E.C., Washington, D.C., of counsel), amicus curiae.

Before TIMBERS, WINTER and MAHONEY, Circuit Judges.


WINTER, Circuit Judge:

We have vacated our prior opinion in this matter, reported at 844 F.2d 81 (2d Cir.1988), so that the parties might rebrief and reargue the case in light of Pinter v. Dahl, ___ U.S. ___, 108 S.Ct. 2063, 100 L.Ed.2d 658 (1988). In view of the suggestion in Judge Timbers' dissent, we invited the Securities and Exchange Commission ("SEC") to file a brief amicus curiae. We now affirm our original holding...

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