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S.E.C. v. GEMSTAR-TV GUIDE INTERN., INC.

No. 03-56129.

401 F.3d 1031 (2005)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, Henry C. Yuen; Elsie M. Leung, Intervenors-Appellants, v. GEMSTAR-TV GUIDE INTERNATIONAL, INC., Defendant.

United States Court of Appeals, Ninth Circuit.

Filed March 22, 2005.

Attorney(s) appearing for the Case

Michelle Rice, Arkin Kaplan LLP, for Yuen & Leung, New York, NY, for the intervenors-appellants.

Richard M. Humes, Securities and Exchange Commission, Washington, D.C., for the plaintiff-appellee.

Thomas J. Karr, Securities and Exchange Commission, Washington, D.C., for the plaintiff-appellee.

Richard L. Stone, for Gemstar-TV Guide, for the defendant-respondent-appellee.

Sean T. Prosser and Kimberly S. Greer, Morrison & Foerster LLP, San Diego, CA, for the defendant-respondent-appellee.

Before: SCHROEDER, Chief Judge, REINHARDT, TROTT, THOMAS, GRABER, McKEOWN, WARDLAW, FISHER, CLIFTON, CALLAHAN, and BEA, Circuit Judges.

Opinion by Judge TROTT; Concurrence by Judge REINHARDT; Dissent by Judge BEA.

TROTT, Circuit Judge:

In response to a formal application by the Securities and Exchange Commission ("SEC" and "Commission"), the district court entered an order pursuant to Section 1103 of the Sarbanes-Oxley Act of 2002, 15 U.S.C. § 78u-3(c)(3), placing in escrow in excess of $37 million representing contemplated one-time payments by Gemstar-TV Guide International, Inc. ("Gemstar...

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