Legal Opinion
F.B. Horner & Associates, Inc., Fred B. Horner v. Securities and Exchange Commission
Court of Appeals for the Second Circuit
Decided May 19, 1993No. 1329, Docket 92-4131PublishedCited by 8 opinions
1Per curiam
F.B. Horner & Associates, Inc. (“FBH”), a former securities firm and National Association of Securities Dealers (“NASD”) member, and Fred B. Horner, FBH’s President, petition for review of an Order of the Securities and Exchange Commission (“SEC”) affirming NASD’s disciplinary action fining and censuring them for twice charging excessive price markups in violation of NASD’s Rules of Fail' Practice. We deny the petition and lift the stay.
On September 9, 1988, FBH sold a client two lots of zero coupon collateralized mortgage obligation bonds. Acting as a principal, FBH had purchased the bonds…
2Cases cited4 opinions
- Butz v. Glover Livestock Commission Co.Supreme Court of the United States · 1973
- Barnett v. United StatesCourt of Appeals for the Eighth Circuit · 1963
- William J. Higgins v. Securities and Exchange Commission, New York Stock Exchange, IntervenorCourt of Appeals for the Second Circuit · 1989
- Merritt, Vickers, Inc., A/K/A M. J. Merritt & Co., Inc. And Matthew J. Merritt, Jr. And James S. Vickers v. Securities and Exchange CommissionCourt of Appeals for the Second Circuit · 1965
3Cited by8 opinions
- Securities and Exchange Commission v. First Jersey Securities, Inc. And Robert E. BrennanCourt of Appeals for the First Circuit · 1996
- Grandon v. Merrill Lynch & Co.Court of Appeals for the Second Circuit · 1998
- Fed. Sec. L. Rep. P 90,228 Dr. Stanley C. Grandon, All Others Similarly Situated and Michael Cafferty, as Trustee for the Grandon Family Irrevocable Trust, on Behalf of Themselves and All Others Similarly Situated v. Merrill Lynch & Co., Inc. And Merrill, Lynch, Pierce Fenner & Smith, Inc.Court of Appeals for the Second Circuit · 1998
- Cremi v. BrownDistrict Court, D. Maryland · 1997
- Securities & Exchange Commission v. FeminellaDistrict Court, S.D. New York · 1996
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