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MYERS v. FINKLE

No. 90-1892.

950 F.2d 165 (1991)

Arthur R. MYERS, II, Mary J. Myers, Arthur R. Myers, III, Plaintiffs-Appellants, v. Robert FINKLE, Stephen Wetter, Paul Kaplan, George Allen, III, Jack Bleiberg, Michael Banker, F. Wayne Holton, Paul Forsythe, Julius Finkle, Frank Convertini, James Goldslager, Lee Weinberg, John Does 1 Through 20, formerly known as FKL Associates, FKL Associates, d/b/a Finkle & Company, formerly known as Exec Associates, Defendants-Appellees, and Lawrence N. Frankel, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided November 27, 1991.

Attorney(s) appearing for the Case

Norman Rifkind, Beigel & Sandler, Ltd., Chicago, Ill., argued (Herbert Beigel, Stephen D. Sharp, Philip Fertik, Beigel & Sandler, Ltd., on brief), for plaintiffs-appellants.

Stephen Atherton Northup, Mays & Valentine, Richmond, Va., argued (Wayne Lustig, Mays & Valentine, on brief), for defendants-appellees.

Before PHILLIPS and WILKINS, Circuit Judges, and KAUFMAN, Senior District Judge for the District of Maryland, sitting by designation.

OPINION

WILKINS, Circuit Judge:

Arthur R. Myers, II, his wife, Mary J. Myers, and their son, Arthur R. Myers, III, instituted this action against an accounting firm and its partners (collectively "Finkle"). The Myers alleged violations of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78j(b) (West 1981), Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5 (1990), and the Racketeer Influenced and Corrupt Organizations Act...

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