Securities and Exch v. Herula

United States Court of Appeals
For the First Circuit
No. 02-1640
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff, Appellee,
v.
MARTIN D. FIFE AND FAROUK KHAN,
Defendants, Appellants.
DENNIS S. HERULA, MARY LEE CAPALBO (AKA MARY LEE CAPALBO HERULA),
SEAVIEW DEVELOPMENT & HOLDINGS, LTD., MICHAEL CLARKE, ROBERT
WACHTEL, JOHAN HERTZOG, and CHARLES SULLIVAN,
Defendants,
and
DAVID ULLOM,
Relief-Defendant.
ERRATA SHEET
The opinion of this Court issued on November 6, 2002 is
amended as follows:
The second sentence of the second full paragraph on page 8 is
amended to read:
Unlike the Second Circuit, we have not removed irreparable
harm from the preliminary injunction inquiry in SEC preliminary
injunction actions. SEC v. World Radio Mission, 544 F.2d 535, 541-
42 (1st Cir. 1976) (reversing the district court's finding that the
denial of injunctive relief will not cause any harm to the public,
irreparable or otherwise); see also SEC v. Lehman Bros., Inc., 157
F.3d 2, 9 (1st Cir. 1998) (finding that there was no obvious harm
in allowing appellant lienholder to maintain the escrow allegedly
secured by debtor through unlawful insider trading).