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BOARD OF COUNTY COM'RS v. LIBERTY GROUP

Nos. 90-2266, 90-2275 and 91-2166.

965 F.2d 879 (1992)

BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY; Ron Ashcroft, San Juan County Commissioner, Plaintiffs-Appellees, v. LIBERTY GROUP, a California Limited Partnership; Norman Andrew Gurley, Defendants-Appellants, and Liberty Partners, Inc., a California Corporation; F.M.G. Partners, a California General Partnership; Liberty Capital Markets, Inc., a California Corporation; Chester Arthur Walker, Jr.; Doyle Laverne Holmes; Robert Clayton Holmes; Steve Ray Holmes, Defendants. BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY; Ron Ashcroft, San Juan County Treasurer, Plaintiffs-Appellees, v. LIBERTY GROUP, a California Limited Partnership; Norman Andrew Gurley; Liberty Partner, Inc., a California Corporation; F.M.G. Partners, a California General Partnership; Chester Arthur Walker, Jr.; Doyle Laverne Holmes; Robert Clayton Holmes; Steve Ray Holmes, Defendants, and Liberty Capital Markets, Inc., a California Corporation, Defendant-Appellant. BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY; Ron Ashcroft, San Juan County Treasurer, Plaintiffs-Appellants, v. LIBERTY GROUP, a California Limited Partnership; Liberty Capital Markets, Inc., a California Corporation, Defendants-Appellees, and Prudential-Bache Securities, Inc., a Delaware corporation, Garnishee-Appellee.

United States Court of Appeals, Tenth Circuit.

May 28, 1992.

Attorney(s) appearing for the Case

Don A. Proudfoot, Jr. of Graham & James, Los Angeles, Cal. (Alexis H. Johnson of Sutin, Thayer & Browne, Albuquerque, N.M., with him on the brief), for Liberty Group, Liberty Capital Markets, Inc. and Norman Gurley.

James O. Browning (Raul A. Carrillo, Jr., with him on the brief), of Browning, Peifer & Wishner, P.A., Albuquerque, N.M., for garnishee-appellee Prudential-Bache Securities, Inc.

James L. Dow of Dow Law Office, P.A., Carlsbad, N.M. (B.J. Baggett, Aztec, N.M., with him on the brief), for San Juan County.

Before HOLLOWAY and McWILLIAMS, Circuit Judges, and CAUTHRON, District Judge.

HOLLOWAY, Circuit Judge.

This appeal arises from an action instituted by the plaintiff-appellee County of San Juan, State of New Mexico to recover damages it claims it sustained in securities transactions with the appellant Liberty Group. The County alleged violations of a number of federal securities laws and of RICO. After a jury returned a verdict against the defendants they moved for a new trial on the federal securities...

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