Legal Opinion

Paul F. Newton & Co. v. Texas Commerce Bank

Court of Appeals for the Fifth Circuit

Decided November 21, 1980No. 79-1379PublishedCited by 60 opinions

1Opinion of the Court

CHARLES CLARK, Circuit Judge:

Paul F. Newton & Company [Newton] appeals from the district court’s grant of a directed verdict to Pressman, Frohlich & Frost, Inc. [Pressman] in its action against Pressman predicated upon alleged violations of the Securities and Exchange Commission’s Rule 10b-5, 17 C.F.R. § 240.10b-5 (1979), by one of its employees, and upon common law fraud. Following the presentation of evidence by the parties, the district court granted Pressman’s motion for a directed verdict, reasoning that the only basis for imposing liability upon Pressman shown by the evidence presented…

2Cases cited32 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
  3. Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963
  4. United States v. Donald James and David Anthony Butler, United States of America v. Henry Smith and Kenneth Wayne WhitmoreCourt of Appeals for the Fifth Circuit · 1979
  5. Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967

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3Cited by60 opinions

  1. Kay Hollinger Richard Llewelyn Jones Edward E. Nissen Judy D'Arcy K-Judy, Ltd. v. Titan Capital Corp. Emil Wilkowski Painter Financial Group, Ltd.Court of Appeals for the Ninth Circuit · 1990
  2. SHARP, Stanley L. v. COOPERS & LYBRAND, AppellantCourt of Appeals for the Third Circuit · 1981
  3. 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
  4. In Re MicroStrategy, Inc. Securities LitigationDistrict Court, E.D. Virginia · 2000
  5. Commodity Futures Trading Commission v. Premex, Inc., and Samuel ZackCourt of Appeals for the Seventh Circuit · 1981

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