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SECURITIES INVESTOR PROTECTION v. BLINDER, ET AL.

No. 90-1223.

962 F.2d 960 (1992)

SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff-Appellee, v. BLINDER, ROBINSON & CO., INC., Defendant-Appellant, Glen E. Keller, Jr., Esq.; Securities and Exchange Commission, Appellees.

United States Court of Appeals, Tenth Circuit.

April 13, 1992.

Attorney(s) appearing for the Case

Jay L. Gueck of Gueck & Mohney, Dallas, Tex., for defendant-appellant Blinder, Robinson & Co., Inc.

Theodore H. Focht, Gen. Counsel, Securities Investor Protection Corp., Washington, D.C. (Michael E. Don, Deputy Gen. Counsel, and Stephen P. Harbeck, Sr. Associate Gen. Counsel, with him on the brief), for plaintiff-appellee Securities Investor Protection Corp.

Paul Gonson, Sol., S.E.C., Washington, D.C. (James R. Doty, Gen. Counsel, Jacob H. Stillman, Associate Gen. Counsel, Katharine Gresham, Asst. Gen. Counsel, Michael A. Berman, Bankruptcy Counsel, and Randall W. Quinn, Atty., with him on the brief), for appellee Securities and Exchange Com'n.

Before HOLLOWAY, ANDERSON, and TACHA, Circuit Judges.

HOLLOWAY, Circuit Judge.

The central question on this appeal is whether the district court properly entered an order appointing a trustee for liquidation of the defendant-appellant Blinder, Robinson & Company, Inc. (Blinder, Robinson), under the Securities Investor Protection Act of 1970 (SIPA), 15 U.S.C. §§ 78aaa to 78lll, where the court's determinations underlying the order were based mainly on the filing of a voluntary Chapter 11 petition...

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