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BERLINER, ZISSER, WALTER & GALLEGOS, P.C. v. S.E.C.

Civil Action No. 95-D-94.

962 F.Supp. 1348 (1997)

BERLINER, ZISSER, WALTER & GALLEGOS, P.C., Plaintiff, v. SECURITY AND EXCHANGE COMMISSION, Defendant.

United States District Court, D.Colorado.

April 29, 1997.

Attorney(s) appearing for the Case

David A. Zisser, Berliner, Zisser, Walter & Gallegos, P.C., Denver, CO, for Plaintiff.

Richard M. Humes, Susan A. Yashar, Brenda J. Tranchida, Securities and Exchange Commission, Washington, DC, Robert M. Fusfeld, Thomas D. Carter, Securities and Exchange Commission, Denver, CO, for Defendant.

AMENDED MEMORANDUM OPINION AND ORDER

DANIEL, District Judge.

I. Factual and Procedural Background

This matter is before the Court on the Defendant Security and Exchange Commission's Motion to Dismiss the Complaint, or Alternatively, for Summary Judgment, filed April 3, 1995. This motion has been fully briefed and the Court took oral argument from the parties on the motion at a hearing held on February 7, 1997. This case arose when Plaintiff ("BZWG...

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