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UNITED STATES v. O'HAGAN

No. 96-842.

521 U.S. 642 (1997)

UNITED STATES v. O'HAGAN

United States Supreme Court.

Decided June 25, 1997.

Attorney(s) appearing for the Case

Deputy Solicitor General Dreeben argued the cause for the United States. With him on the briefs were Acting Solicitor General Dellinger, Acting Assistant Attorney General Richard, Paul R. Q. Wolfson, Joseph C. Wyderko, Richard H. Walker, Paul Gonson, Jacob H. Stillman, Eric Summergrad, and Randall W. Quinn.

John D. French argued the cause for respondent. With him on the brief was Elizabeth L. Taylor.*

Ginsburg, J., delivered the opinion of the Court, in which Stevens, O'Connor, Kennedy, Souter, and Breyer, JJ., joined, and in which Scalia, J., joined as to Parts I, III, and IV. Scalia, J., filed an opinion concurring in part and dissenting in part, p. 679. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Rehnquist, C. J., joined, p. 680.

Justice Ginsburg, delivered the opinion of the Court.

This case concerns the interpretation and enforcement of § 10(b) and § 14(e) of the Securities Exchange Act of 1934, and rules made by the Securities and Exchange Commission pursuant to these provisions, Rule 10b—5 and Rule 14e—3(a). Two prime questions are presented. The first relates to the misappropriation of material, nonpublic information for...

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