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HARRISON v. DEAN WITTER REYNOLDS, INC.

No. 95-1970.

79 F.3d 609 (1996)

Hudson T. HARRISON and Harrison Construction, Inc., Plaintiffs-Appellees, v. DEAN WITTER REYNOLDS, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 20, 1996.

Rehearing and Suggestion for Rehearing Denied May 20, 1996.

Attorney(s) appearing for the Case

Thomas P. Ward (argued), McBride, Baker & Coles; Eugene H. Ruark, Rooks, Pitts & Poust; and David C. Gustman, Freeborn & Peters, Chicago, IL, for Plaintiffs-Appellees.

Phil C. Neal, H. Nicholas Berberian (argued) and Mark T. Carberry, Neal, Gerber & Eisenberg, Chicago, IL, for Defendant-Appellant.

Before WOOD, Jr., and KANNE, Circuit Judges, and SHARP, Chief District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied May 20, 1996.*

HARLINGTON WOOD, Jr., Circuit Judge.

This securities fraud case charges a violation of Section 10(b) of the Securities Exchange Act of 1934 (the Act), 15 U.S.C. § 78j(b), and Section 20(a) of the Act, 15 U.S.C. § 78t(a). This panel is acquainted with the case, but different issues are raised in this second appeal. In the first appeal,

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