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S.E.C. v. McNULTY

Docket No. 97-6122.

137 F.3d 732 (1998)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. Robert J. McNULTY, George G. Handgis, Franklin D. Roberts, John M. Shanklin And W.N. Thompson, Defendants, John M. Shanklin, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 3, 1998.

Attorney(s) appearing for the Case

Susan K. Straus, Washington, DC (Richard H. Walker, General Counsel, Jacob H. Stillman, Associate General Counsel, Susan Ferris Wyderko, Assistant General Counsel, Paul Gonson, Solicitor, Washington, DC, on the brief), for Plaintiff-Appellee.

Gregg A. Rapoport, Los Angeles, CA (Jack I. Samet, Baker & Hostetler, Los Angeles, CA, on the brief), for Defendant-Appellant.

Before: KEARSE and CARDAMONE, Circuit Judges, and LEISURE, District Judge.

KEARSE, Circuit Judge:

Defendant John M. Shanklin, against whom a default judgment was entered in the United States District Court for the Southern District of New York for failure to answer the complaint filed by plaintiff Securities and Exchange Commission ("SEC" or the "Commission"), challenges the order of that court, Michael B. Mukasey, Judge, denying his motion to vacate the default judgment. In denying the motion, the district court ruled that Shanklin...

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