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S.E.C. v. GREAT WHITE MARINE & RECREATION, INC.

No. 04-50080.

428 F.3d 553 (2005)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. GREAT WHITE MARINE & RECREATION, INC.; et al., Defendants, Great White Marine & Recreation, Inc., Defendant-Appellee, v. Augustine Fund, LP, Appellant, v. Clark B. Will, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 16, 2005.

Attorney(s) appearing for the Case

Hope Hall Augustini, Katharine Burdell Gresham, U.S. SEC, Washington, DC, for SEC.

Hugh Allen Pennington, Jr., Pennington, Hill, Baker, Fort Worth, TX, for Great White Marine & Recreation, Inc.

Michael Douglas Clark, Clark Bradford Will (argued), Quilling, Selander, Cummiskey & Lownds, Dallas, TX, for Will.

George H. Tapley (argued), Angela Dawn McKee, Neligan, Tarpley, Andrews & Foley, Dallas, TX, for Augustine Fund LP.

Before REAVLEY, JONES and GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This is an appeal from a distribution order of funds obtained in a civil action brought by the Securities and Exchange Commission ("SEC" or "Commission") against Great White Marine and Recreation, Inc. ("Great White") and its president and chief executive officer, Alvis Colin Smith, Jr. The district court abstained from and dismissed Great White's bankruptcy pursuant to 11 U.S.C. § 305...

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