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BIRNHOLZ v. 44 WALL STREET FUND, INC.

No. 88-5532.

904 F.2d 567 (1990)

Standford P. BIRNHOLZ, individually and as trustee of the Standford P. Birnholz P.A. Pension Plan, Plaintiff-Appellant, v. The 44 WALL STREET FUND, INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 27, 1990.

Attorney(s) appearing for the Case

Richard A. Warren of Herbert A. Warren, P.A., Miami, Fla., for plaintiff-appellant.

Barry D. Hunter of Paul, Landy, Beiley & Harper, P.A., Miami, Fla., for defendant-appellee.

William G. Reeves, General Counsel, and R. Michael Underwood, Deputy General Counsel, Florida Dept. of Banking and Finance, Tallahassee, Fla., amicus curiae for State of Fla., ex rel. Gerald Lewis, Comptroller of Florida.

Before CLARK and COX, Circuit Judges, and HENDERSON, Senior Circuit Judge.

PER CURIAM:

The facts of this case are contained in the original panel decision in which we concluded that an amendment to the Florida Securities and Investor Protection Act, §§ 517.011 et seq., Fla.Stat. (1987), should have been applied retroactively to require that issuers of securities registered with the Securities and Exchange Commission and exempt from Florida registration pay a $750.00 nonreturnable fee to the Florida Department of Banking...

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