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SHEARSON LEHMAN BROS., INC. v. M & L INVESTMENTS

Nos. 91-4206, 91-4217.

10 F.3d 1510 (1993)

SHEARSON LEHMAN BROTHERS, INC., Plaintiff-Counter-Defendant — Appellee-Cross-Appellant, v. M & L INVESTMENTS, a Utah General Partnership; Mike Strand; Lois Strand, Defendants-Counter-Claimants — Appellants-Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

November 17, 1993.

Attorney(s) appearing for the Case

John T. Caine of Richards, Caine & Allen, Ogden, UT, for defendants-counter-claimants — appellants-cross-appellees.

Terry Ross of Keesal, Young & Logan, P.C., Long Beach, CA (Robert D. Feighner and Shannon L. McDougald of Keesal, Young & Logan, P.C., Long Beach, CA, Reid Lewis of Moyle & Draper, P.C., Salt Lake City, UT, with him on the brief), for plaintiff-counter-defendant — appellee-cross-appellant.

Before BALDOCK, HOLLOWAY and KELLY, Circuit Judges.

BALDOCK, Circuit Judge.

Defendants M & L Investments ("M & L"), Mike Strand ("Strand") and Lois Strand appeal the district court's restitution award of 40,000 shares of stock, 776 F.Supp. 1489 (D.Utah 1991). Plaintiff Shearson Lehman Brothers, Inc. ("Shearson") cross-appeals the district court's determination that Shearson's Regulation T violation, 12 C.F.R. § 220.8, served as an affirmative defense against Shearson...

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