Legal Opinion
Fed. Sec. L. Rep. P 96,048 Milton E. Dupuy v. Clarence O. Dupuy, Jr.
Court of Appeals for the Fifth Circuit
Decided May 9, 1977No. 76-2667PublishedCited by 196 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
In this brother-against-brother case, a purchaser of stock, to depress the price, misrepresented and failed to disclose material facts regarding the value of the stock. The question presented is whether the seller of the stock will be denied recovery against the purchaser under Securities and Exchange Commission Rule 10b-5 1 because the seller, who could have ferreted out the facts, failed to do so until after the sale.
The case turns on the degree of diligence required of the plaintiff, Milton Dupuy, under Rule 10b-5 when the defendant, his brother Clarence,…
2Cases cited46 opinions
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- J. I. Case Co. v. BorakSupreme Court of the United States · 1964
41 more not listed; retrieve them via the Exa API.
3Cited by196 opinions
- Mayer v. MylodCourt of Appeals for the Sixth Circuit · 1993
- Huddleston v. Herman & MacLeanCourt of Appeals for the Fifth Circuit · 1981
- Mayer v. MylodCourt of Appeals for the Sixth Circuit · 1993
- Fed. Sec. L. Rep. P 98,033 James L. Shores, Jr., as of the Estate of Clarence E. Bishop, Jr., Etc. v. Jerald H. SklarCourt of Appeals for the Fifth Circuit · 1981
- Mallis v. Bankers Trust Co.Court of Appeals for the Second Circuit · 1980
191 more not listed; retrieve them via the Exa API.