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HOLLINGER v. TITAN CAPITAL CORP.

No. 87-3837.

914 F.2d 1564 (1990)

Kay HOLLINGER; Richard Llewelyn Jones; Edward E. Nissen; Judy D'Arcy; K-Judy, Ltd., Plaintiffs-Appellants, v. TITAN CAPITAL CORP.; Emil Wilkowski; Painter Financial Group, Ltd., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 27, 1990.

As Amended on Denial of Rehearing November 13, 1990.

Attorney(s) appearing for the Case

Peter B. Camp, Seattle, Wash., for plaintiffs-appellants.

Christopher B. Wells, Lane, Powell, Moss & Miller, Seattle, Wash., for defendant-appellee, Titan Capital Corp.

James S. Scott and James M. Shaker, Scott & Scott, Yakima, Wash., for defendant-appellee Painter Financial Group, Ltd.

Paul Gonson, S.E.C., Washington, D.C., for amicus curiae, S.E.C.

W. Reese Bader and Barbara Moses, Orrick, Herrington & Sutcliffe, San Francisco, Cal., for amicus curiae, Securities Industry Ass'n.

Before GOODWIN, Chief Judge, SCHROEDER, ALARCON, NORRIS, NELSON, CANBY, HALL, WIGGINS, BRUNETTI, THOMPSON, and RYMER, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

Emil Wilkowski, a dishonest securities salesman, embezzled money entrusted to him by four clients. As a result, Wilkowski was convicted of criminal securities fraud and grand theft. In this civil action for alleged violations of federal securities and state laws, the victimized investors seek to recover their losses from a brokerage firm and a financial counseling firm with which Wilkowski was associated. The district court granted...

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