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MILLER v. ASENSIO & CO., INC.

Nos. 03-1225, 03-1262.

364 F.3d 223 (2004)

Joe MILLER, IV; Robert W. Pearce, Jr., Plaintiffs-Appellants, v. ASENSIO & COMPANY, INCORPORATED, Defendant-Appellee, and Manuel P. Asensio; Asensio Capital Management Incorporated; John Does 1-20, Defendants. Joe Miller, IV; Robert W. Pearce, Jr., Plaintiffs-Appellees, v. Asensio & Company, Incorporated, Defendant-Appellant, and Manuel P. Asensio; Asensio Capital Management Incorporated; John Does 1-20, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 14, 2004.

Attorney(s) appearing for the Case

ARGUED: Keith R. Dutill, Stradley, Ronon, Stevens & Young, Malvern, Pennsylvania, for Appellants/Cross-appellees. Keating Lewis Simons, III, Law Offices Of Simons & Keaveny, Charleston, South Carolina, for Appellee/Cross-appellant. ON BRIEF: Michael D. O'Mara, Stradley, Ronon, Stevens & Young, Malvern, Pennsylvania, for Appellants/Cross-appellees.

Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge GREGORY and Judge DUNCAN joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This appeal raises a question of first impression — does a finding of liability under Rule 10b-5 in a private securities case require an award of damages. We hold that it does not and reject the other appellate challenges put forward...

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