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SECURITIES & EXCH. COM'N v. MILLER

No. 75 Civ. 3391 (JMC).

495 F.Supp. 465 (1980)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Eldon MILLER, Defendant.

United States District Court, S. D. New York.

As Corrected July 14, 1980.

Attorney(s) appearing for the Case

William D. Moran, Regional Administrator, Securities and Exchange Commission, New York City by Donald N. Malawsky, Douglas P. Jacobs, Andrew E. Goldstein, S. Jane Rose, and Paul Lubetkin, New York City, for plaintiff.

Linde, Thomson, Fairchild, Langworthy & Kohn, Kansas City, Mo. by Albert Thomson, Kansas City, Mo. and Grand & Ostrow, New York City by Frank H. Wright, New York City, for defendant.

OPINION

CANNELLA, District Judge:

After a bench trial, the Court finds that the plaintiff has failed to prove its entitlement to an injunction against the defendant pursuant to 15 U.S.C. § 77t(b), and, accordingly, judgment is entered for the defendant.

Jurisdiction is based upon the federal securities laws. 15 U.S.C. § 77t(b).

FACTS

Background

This is a Rule 10b-5 case involving allegations of deceptive...

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