Legal Opinion
Davis v. Avco Financial Services, Inc.
Court of Appeals for the Sixth Circuit
Decided July 10, 1984No. Nos. 82-3553, 82-3572PublishedCited by 32 opinions
1Opinion of the Court
BERTELSMAN, District Judge.
This securities case presents this court with an issue of first impression in this circuit, namely, who may be considered a “seller” under § 12(2) of the Securities Act of 1933. Other circuits have expressed diverse views regarding this issue, as have the commentators. The Supreme Court of the United States has never passed on it. Various subsidiary issues are also presented, as will be discussed below.
FACTS
This is a securities fraud class action arising out of the activities of defendants/appellants AVCO Financial Services, Inc. and defendant McCormick, the manager…
2Cases cited33 opinions
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
- Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983
- Fed. Sec. L. Rep. P 93,748 Securities and Exchange Commission v. Glenn W. Turner Enterprises, Inc.Court of Appeals for the Ninth Circuit · 1973
- Fed. Sec. L. Rep. P 97,588 Securities and Exchange Commission v. Stephen MurphyCourt of Appeals for the Ninth Circuit · 1980
28 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Pinter v. DahlSupreme Court of the United States · 1988
- Fed. Sec. L. Rep. P 92,021 Securities and Exchange Commission v. Larry D. Blavin, D/B/A Providence Investment AdvisoryCourt of Appeals for the Sixth Circuit · 1985
- Bernard A. Schlifke and Harvey Kallick, D/B/A K & S Investments Co., a Partnership v. Seafirst Corp. And Seattle-First National BankCourt of Appeals for the First Circuit · 1989
- In Re Energy Systems Equipment Leasing Securities LitigationDistrict Court, E.D. New York · 1986
- Adams v. Hyannis Harborview, Inc.District Court, D. Massachusetts · 1993
27 more not listed; retrieve them via the Exa API.