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S.E.C. v. PROS INTERN., INC.

No. 91-4119.

994 F.2d 767 (1993)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellant, v. PROS INTERNATIONAL, INC., David M. Lamoreaux, Richard C. Landerman, Jack M. Johnston, Defendants, George Craig Stayner, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 9, 1993.

Attorney(s) appearing for the Case

Eric Summergrad, Associate Gen. Counsel, (James R. Doty, General Counsel, Jacob H. Stillman, Associate Gen. Counsel, and Michael G. Lenett, Senior Counsel with him on the brief), S.E.C., Washington, DC, for plaintiff-appellant.

Paul T. Moxley, Campbell Maack & Sessions, Salt Lake City, UT, for defendant-appellee.

Before BALDOCK and KELLY, Circuit Judges, and OWEN, District Judge.

PAUL KELLY, Jr., Circuit Judge.

Plaintiff-appellant Securities and Exchange Commission (SEC) appeals from the district court's order granting summary judgment in favor of defendant-appellee George Stayner and denying a permanent injunction against Mr. Stayner. Our jurisdiction arises under 28 U.S.C. §§ 1291 & 1292(a) and we affirm.

Background

Mr. Stayner, a certified public accountant, prepared a materially false and misleading...

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