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S.E.C. v. ETS PAYPHONES, INC.

Nos. 01-10107, 02-11393.

408 F.3d 727 (2005)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. ETS PAYPHONES, INC., Defendant, Charles E. Edwards, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 5, 2005.

Attorney(s) appearing for the Case

Ethan H. Cohen, Atlanta, GA, Michael K. Wolensky, Schiff Hardin LLP, Atlanta, GA, for Defendant-Appellant.

Catherine A. Broderick, Susan S. McDonald, S.E.C., Washington, DC, for Plaintiff-Appellee.

Joel A. Goodman, Goodman & Nekvasil, P.A., Clearwater, FL, for Public Investors Arbitration Bar Ass'n, Amicus Curiae.

James H. Harris, Dept. of Banking and Finance, Tallahassee, FL, for Florida Dept. of Banking and Finance, Amicus Curiae.

Royce Griffin, Washington, Dc, for North American Securities Administrations Ass'n, Amicus Curiae.

J. Randall McNeill, Alabama Securities Com'n, Montgomery, AL, for Alabama Securities Com'n, Amicus Curiae.

Shereen M. Walls, Atlanta, GA, for Secretary of State and Commissioner of Securities, Amicus Curiae.

Before EDMONDSON, Chief Judge, and HILL and LAY, Circuit Judges.

PER CURIAM:

In 2002, we decided Charles E. Edwards's (Edwards) appeal from the district court's grant of the Securities and Exchange Commission's (SEC) motion for preliminary injunction and asset freeze against Edwards. The asset freeze included the assets of Edwards's wholly-owned corporation, Twinleaf, Inc. (Twinleaf). We determined that the district court lacked subject matter jurisdiction because the investments offered by Edwards were not "securities" under federal...

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