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ENSERVCO, INC. v. INDIANA SECURITIES DIV.

No. 49S02-9310-CV-1195.

623 N.E.2d 416 (1993)

ENSERVCO, INC.; Western Environmental Resources, Inc.; Associated Environmental Systems, Inc.; and Don James, Appellants (Plaintiffs below), v. INDIANA SECURITIES DIVISION, et al., Appellees (Defendants below).

Supreme Court of Indiana.

October 29, 1993.

Attorney(s) appearing for the Case

Robert S. Walters, Barrett & McNagny, Fort Wayne, for appellants.

Pamela Carter, Atty. Gen., John T. Roy, Deputy Atty. Gen., Indianapolis, for appellees.

Lee Polson, Christine P. Files, King, Polson, & Associates, Inc., Austin, TX, Erick D. Ponader, Wooden, McLaughlin & Sterner, Indianapolis, for amicus curiae North American Securities Adm'rs Ass'n, Inc.

SHEPARD, Chief Justice.

The Indiana Securities Commissioner found that Enservco and others had violated this state's franchise disclosure laws and he entered various remedial orders. The respondents contend, among other things, that the Commissioner did not have proof of their scienter. We hold that scienter is not required.

Procedural History

On August 14, 1989, the Securities Division of the Office of the Secretary of State filed an administrative...

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