Frederic Heim v. Walter Meserole Thomas Usher and Jane Doe Usher, His Wife

10 F.3d 808 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frederic HEIM, Plaintiff-Appellee, v. Walter MESEROLE; Thomas Usher and Jane Doe Usher, his wife, Defendants-Appellants. Nos. 91-15115, 91-15116. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1993. * Decided Nov. 12, 1993. Before: FERGUSON, THOMPSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Walter Meserole, and Thomas and Jeanne Usher appeal the district court's Opinion and Order finding them jointly and severally liable to Frederic Heim for damages resulting from the fraudulent misrepresentations made to Heim by Meserole and Thomas Usher in violation of Arizona law and Section 10 of the Securities Exchange Act of 1934, 15 U.S.C. Sec. 78j and Rule 10-b5 issued thereunder. A. 3 Appellants challenge the district court's holding of joint and several liability against the separate property of Jeanne Usher claiming that the record contains no evidence of her participation in the fraudulent…