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BIRNHOLZ v. 44 WALL STREET FUND, INC.

No. 74566.

559 So.2d 1128 (1990)

Standford P. BIRNHOLZ, Etc., Plaintiff-Appellant, v. The 44 WALL STREET FUND, INC., Defendant-Appellee.

Supreme Court of Florida.

April 12, 1990.

Attorney(s) appearing for the Case

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

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

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

OVERTON, Justice.

The United States Court of Appeals for the Eleventh Circuit, in Birnholz v. 44 Wall Street Fund, Inc., 880 F.2d 335 (11th Cir.1989), has certified the following question to this Court:

WHETHER AN ISSUER THAT PROPERLY OBTAINED AN EXEMPTION FROM STATE REGISTRATION PURSUANT TO § 517.061(19), Fla. Stat. (1978 Supp.), BUT FAILED, AFTER 36 CONSECUTIVE MONTHS OF SELLING ITS SHARES IN FLORIDA, TO FORWARD...

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