More on Gabelli. . . Fifth Circuit Refuses to Go Along

As a service to our readers, the United States Court of Appeals for the Fifth Circuit has rejected the Second Circuit's analysis in Gabelli.  See SEC v. Bartek, at  http://www.ca5.uscourts.gov/opinions/unpub/11/11-10594.0.wpd.pdfThis issue is ripe for Supreme Court review.

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