Fed. Sec. L. Rep. P 93,589 Securities & Exchange Commission v. Esm Group, Inc., Peat, Marwick, Mitchell and Co., Claimant-Appellant

JOHNSON, Circuit Judge:

This appeal arises from the district court’s dismissal of a claim brought by Peat, Marwick, Mitchell and Co. (“Peat Marwick”) against E.S.M. Group, Inc. (“ESM”). ESM has been placed into receivership upon the request of the Securities and Exchange Commission (“SEC”). In its claim, Peat Marwick sought to have the district court set aside a Florida state court judgment entered against it on the ground that the judgment was fraudulently obtained. The district court denied Peat Mar-wick relief from the judgment and dismissed its claim for failure to state a cause of action…