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S.E.C. v. BARTON

No. 22-11132.

79 F.4th 573 (2023)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. Timothy BARTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 31, 2023.

Attorney(s) appearing for the Case

Ezekiel Levenson Hill , Securities and Exchange Commission, Washington, DC, Keefe Michael Bernstein , Trial Attorney, U.S. Securities & Exchange Commission, Trial Unit, Fort Worth, TX, David B. Reece , U.S. Securities & Exchange Commission, Fort Worth District Office, Fort Worth, TX, for Plaintiff-Appellee.

Michael J. Edney , Michael Christopher Dingman , Hunton Andrews Kurth, L.L.P., Washington, DC, Edwin A. Huffman , Attorney, Hunton Andrews Kurth, L.L.P., Dallas, TX, for Defendant-Appellant.

Charlene Cantrell Koonce , Cortney Christopher Thomas , Brown Fox, P.L.L.C., Dallas, TX, for Amicus Curiae Cortney Christopher Thomas.

John Joseph Kane , Andrew Robertson , Kane Russell Coleman & Logan, P.C., Dallas, TX, for Amicus Curiae HNGH Turtle Creek, L.L.C.

Before Clement, Graves, and Higginson, Circuit Judges.

ON PETITION FOR REHEARING

The petition for panel rehearing is DENIED. We withdraw our previous opinion, reported at 72 F.4th 640, and substitute the following.

The Securities and Exchange Commission ("SEC") sued Defendant Timothy Barton as well as other individual Defendants and corporate entities...

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