As Amended on Denial of Rehearing and Rehearing En Banc June 7, 1991.
CUMMINGS, Circuit Judge.
The Securities and Exchange Commission ("SEC") brought this civil enforcement action against defendant Danny O. Cherif, alleging that Cherif had violated the antifraud provisions of the federal securities laws, in particular Sections 10(b) and 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b) and 78n(e) (1988), and Rules 10b-5 and 14e-3...
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