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S.E.C. v. PAPA

No. 08-1172.

555 F.3d 31 (2009)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Appellant, v. Virginia A. PAPA, Kevin F. Crain, and Sandra G. Childs, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 6, 2009.

Attorney(s) appearing for the Case

Tracey A. Hardin, Senior Counsel, Securities and Exchange Commission, with whom Brian G. Cartwright, General Counsel, Andrew N. Vollmer, Deputy General Counsel, Jacob H. Stillman, Solicitor, and Katharine B. Gresham, Assistant General Counsel, were on brief, for appellant.

Anthony Mirenda, with whom Robert E. Toone, Jennifer A. Cardello, Jennifer S. Behr and Foley Hoag LLP were on brief, for appellee Kevin F. Crane.

Anthony Mirenda, for appellees Virginia A. Papa and Sandra G. Childs.

Kelley A. Jordan-Price, Michael J. Connolly, Laura B. Angelini and Hinckley, Allen & Snyder LLP on brief, for appellee Virginia A. Papa.

John A. Sten, Jason C. Moreau and Greenberg Traurig, LLP on brief, for appellee Sandra G. Childs.

Before BOUDIN, STAHL and HOWARD, Circuit Judges.

BOUDIN, Circuit Judge.

This is an appeal by the Securities and Exchange Commission ("SEC") from a judgment of the district court dismissing with prejudice a civil complaint against three individuals charging them with violations of the securities laws. On the grant of a motion to dismiss, well-pleaded facts in the complaint are taken as true, Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 127 S.Ct. 2499, 2509, 168 L.Ed.2d 179 (2007), so our...

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