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JOHNSTON v. CIGNA CORP.

No. 92-1186.

14 F.3d 486 (1993)

Larry D. JOHNSTON; Lawrence G. Lyon; H. Rodgers Company, Plaintiffs-Appellants, v. CIGNA CORPORATION; Inc. Cigna Securities; Cigna Holdings, Inc.; M. Doak Jacoway; Cigna Individual Financial Services Company; Cigna Financial Partners, Inc., a Delaware Corporation, Defendants-Appellees, United States of America, Intervenor, Securities and Exchange Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 1, 1994.

Attorney(s) appearing for the Case

Alan C. Friedberg, Martha C. Reps of Pendleton & Sabian, P.C., Denver, CO, for plaintiffs-appellants.

Theodore J. Boutrous, Jr. of Gibson, Dunn & Crutcher, Washington, DC (Theodore B. Olson, Stephen R. McAllister, John K. Bush of Gibson, Dunn & Crutcher, Washington, DC, David G. Palmer, Thomas M. Piccone of Gibson, Dunn & Crutcher, Denver, CO, with him on the brief), for defendants-appellees.

Mark B. Stern, Atty., Civ. Div., Dept. of Justice, Washington, DC (Michael J. Norton, U.S. Atty., Denver, CO, Stuart E. Schiffer, Acting Asst. Atty. Gen., Stuart M. Gerson, Asst. Atty. Gen., Barbara C. Biddle, Atty., Civ. Div., Dept. of Justice, Washington, DC, with him on the brief), for intervenor.

Paul Gonson, Sol., Jacob H. Stillman, Associate Gen. Counsel, Leslie E. Smith, Senior Sp. Counsel, S.E.C., Washington, DC, for amicus curiae.

Before BALDOCK, HOLLOWAY, and KELLY, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiffs appeal the district court's denial of their motion for reconsideration of their motion for reinstatement of claims under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and their alternative motion for relief from judgment, Fed. R.Civ.P. 60(b)(6). The district court denied Plaintiffs' motion for reconsideration, reaffirming its earlier determination that Defendants were entitled to summary judgment...

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