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DELLASTATIOUS v. WILLIAMS

Nos. 00-1577, 00-1595.

242 F.3d 191 (2001)

Richmond A. DELLASTATIOUS, Plaintiff-Appellant, and Frank Romano, Plaintiff, v. Donald F. WILLIAMS; Ray Kelly, Defendants-Appellees, and Adrian Gluck; Craig Novak; Howard Kessel; Surroundvision Advanced Imaging; Laservision Technologies, Incorporated, Defendants. Richmond A. Dellastatious, Frank Romano, Plaintiffs-Appellees, v. Donald F. Williams; Ray Kelly, Defendants-Appellants, and Adrian Gluck; Craig Novak; Howard Kessel; Surroundvision Advanced Imaging; Laservision Technologies, Incorporated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 22, 2001.

Attorney(s) appearing for the Case

ARGUED: Michael Joseph, Dyer, Ellis & Joseph, P.C., Washington, DC, for Appellant. Philip Richard Croessman, Bastianelli, Brown & Kelley, Chartered, Washington, DC, for Appellees. ON BRIEF: Richard A. Kirby, Dyer, Ellis & Joseph, P.C., Washington, DC; David S. Bracken, Cohen, Dunn, Curcio, Keating & Rohrstaff, P.C., Alexandria, VA, for Appellant. Tina S. Tisinger, Bastianelli, Brown & Kelley, Chartered, Washington, DC, for Appellees.

Before WILKINSON, Chief Judge, WIDENER, Circuit Judge, and GARWOOD, Senior Circuit Judge of the United States Court of Appeals for the Fifth Circuit, sitting by designation.

OPINION

WILKINSON, Chief Judge:

Richmond Dellastatious brought this securities fraud action against Donald Williams and Raymond Kelly claiming that they were liable as "control persons" under the Securities Exchange Act of 1934 and the Virginia Securities Act. See 15 U.S.C. § 78t(a); Va.Code § 13.1-522(C). The district court granted Williams and Kelly's motion for summary judgment, holding that they were not control persons

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