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FOUNTAIN CAPITAL FUND v. SECURITIES COM'N

No. 289 M.D. 2007

948 A.2d 208 (2008)

FOUNTAIN CAPITAL FUND, INC. and Garland Harris, Petitioners v. PENNSYLVANIA SECURITIES COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Filed April 30, 2008.

Attorney(s) appearing for the Case

Joseph D. Mancano, Wayne, for petitioners.

Daniel J. Gallagher, Harrisburg, for respondent.

BEFORE: SMITH-RIBNER, Judge, SIMPSON, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge SIMPSON.

This appeal from a Commonwealth agency involves an untimely request for a hearing under a statute regulating sales and sellers of securities. In particular, Fountain Capital Fund, Inc. (Fountain Capital) and Garland Harris (Harris) (collectively, Petitioners) petition for review from an order of the Pennsylvania Securities Commission (Commission) that denied their request for a hearing related to a summary cease and desist order issued by...

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