Legal Opinion
Fed. Sec. L. Rep. P 94,557 Irving Mariash v. Charles Morrill and Bernard Berwick, and David R. Pokross
Court of Appeals for the Second Circuit
Decided May 10, 1974No. 889, Docket 73-2587PublishedCited by 170 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge:
Although the Securities Exchange Act of 1934 [1934 Act] 1 is hardly a model of precision, the statute does speak with atypical clarity in authorizing nationwide service of process. 2 We thus find erroneous the district court’s dismissal of this complaint, alleging in substance a violation of Section 10(b) of the 1934 Act 3 — not for improper venue (Fed.R. Civ.P. 12(b)(3)) and not for failure to state a claim (Fed.R.Civ.P. 12(b)(6)) —but for lack of jurisdiction over the person of the moving defendants (Fed. R.Civ.P. 12(b)(2)), all of whom had been personally…
2Cases cited11 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Hanson v. DencklaSupreme Court of the United States · 1958
- National Equipment Rental, Ltd. v. SzukhentSupreme Court of the United States · 1964
6 more not listed; retrieve them via the Exa API.
3Cited by170 opinions
- Daniel v. American Board of Emergency MedicineCourt of Appeals for the Second Circuit · 2005
- Wells Fargo & Co. v. Wells Fargo Express Co.Court of Appeals for the Ninth Circuit · 1977
- In Re Magnetic Audiotape Antitrust LitigationCourt of Appeals for the Second Circuit · 2003
- Chrysler Corp. v. Fedders Corp.Court of Appeals for the Sixth Circuit · 1981
- Texas Trading & Milling Corp. v. Federal Republic of NigeriaCourt of Appeals for the Second Circuit · 1981
165 more not listed; retrieve them via the Exa API.