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S.E.C. v. HUGHES CAPITAL CORP.

Civ. No. 88-5238 (WGB).

917 F.Supp. 1080 (1996)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. HUGHES CAPITAL CORP., et al., Defendants.

United States District Court, D. New Jersey.

February 16, 1996.

Attorney(s) appearing for the Case

Securities and Exchange Commission by Larry P. Ellsworth, Julie K. Lutz, Erich T. Schwartz, Cynthia M. Parrish, Joanne Cronrath Bamberger, Washington, DC, for Plaintiff.

Raskin & Raskin, P.A. by Robert J. Becerra, Miami, Florida, for Susan Lachance, Howard Ackerman, Lionel Reifler.

Ira Victor, Scottsdale, AZ, pro se.

Frederic E. Mascolo, Waterbury, CT, pro se.

Gilbert Beall, North Richland, TX.

David Herzog, Fromkin, Herzog & Becker, Omaha, NE.

Howard Blumenthal, Beverly Hills, CA.

Harley Schrager, Personal Representative of the Estate of John Knoblauch, c/o Jon Lance Jabenis, Gallup & Schaefer, Omaha, NE.

OPINION

BASSLER, District Judge:

Plaintiff, the Securities and Exchange Commission ("SEC"), moves for summary judgment as to the amount of liability for each defendant. This court's jurisdiction is pursuant to 28 U.S.C. § 1331, 15 U.S.C. § 78aa and 15 U.S.C. § 77v(a). For the reasons set forth in this opinion, plaintiff's motion is GRANTED as to disgorgement and DENIED as to restitution.

I. BACKGROUND

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