S.E.C. v. FISCHBACH CORP.

No. 814, Docket 97-6087.

133 F.3d 170 (1997)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. FISCHBACH CORPORATION, Claimant-Appellant, Drexel Burnham Lambert Incorporated, Drexel Burnham Lambert Group Incorporated, Michael R. Milken, Lowell J. Milken, Cary J. Maultasch, Pamela R. Monzert, Victor Posner, Steven N. Posner, and Pennsylvania Engineering Corporation, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 30, 1997.


Attorney(s) appearing for the Case

Eric Summergrad, Principal Assistant General Counsel, Washington, DC (Richard H. Walker, General Counsel, Paul Gonson, Solicitor, Hope Hall Augustini, Securities and Exchange Commission, Washington, DC, on the brief), for Plaintiff-Appellee.

Nathan Lewin, Washington, DC (David S. Cohen, Miller, Cassidy, Larroca & Lewin, Washington, DC, Glen M. Bronstein, New Providence, NJ, on the brief), for Claimant-Appellant.

Before: KEARSE, MINER, and CABRANES, Circuit Judges.


KEARSE, Circuit Judge:

Claimant Fischbach Corporation ("Fischbach" or "the company") appeals from an order of the United States District Court for the Southern District of New York, Milton Pollack, Judge, granting the request of plaintiff Securities and Exchange Commission ("SEC") that funds totaling some $4 million, plus interest, disgorged by defendants Victor Posner ("Posner") and Steven Posner ("Steven") (collectively the "Posners") pursuant to a 1993 judgment...

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