Fed. Sec. L. Rep. P 99,565 Jerry T. O'brien, Inc., Doing Business as Pennaluna & Co. v. Securities and Exchange Commission, and Harry F. Magnuson and H.F. Magnuson & Company, Cross-Plaintiffs-Appellants v. Securities and Exchange Commission, Cross-Defendants-Appellees

719 F.2d 300 Fed. Sec. L. Rep. P 99,565 JERRY T. O'BRIEN, INC., doing business as Pennaluna & Co., et al., Plaintiffs-Appellants, v. SECURITIES AND EXCHANGE COMMISSION, et al., Defendants-Appellees, and Harry F. MAGNUSON and H.F. Magnuson & Company, Cross-Plaintiffs-Appellants, v. SECURITIES AND EXCHANGE COMMISSION, et al., Cross-Defendants-Appellees. Nos. 82-3108, 82-3109 and 82-3185. United States Court of Appeals, Ninth Circuit. Decided Sept. 30, 1983. Linda D. Fienberg, S.E.C., Washington, D.C., for defendants-appellees. William D. Symmes, Witherspoon, Kelley, Davenport & Toole, Spokane, Wash., for cross-plaintiffs-appellants. C. Dean Little, Lesourd, Patten, Fleming, Hartung & Emory, Seattle, Wash., for plaintiffs-appellants. ORDER Before SKOPIL, PREGERSON, and FERGUSON, Circuit Judges. 1 The panel as constituted above has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. 2 The full court has been advised of the suggestion for rehearing en banc and an active judge called for an en banc vote. The matter failed to receive the vote of a majority of the active judges in favor of en banc consideration. Federal Rule 35(b).…