Legal Opinion

Nickels v. Koehler Management Corp.

Court of Appeals for the Sixth Circuit

Decided September 2, 1976No. Nos. 75-1684, 75-2200PublishedCited by 39 opinions

1Opinion of the Court

McCREE, Circuit Judge.

We consolidated these two appeals because they present the same question: what statute of limitations should be applied in an action in a United States District Court in Ohio based upon Rule 10b-5, § 10(b) of the Securities Exchange Act of 1934, and § 17(a) of the Securities Act of 1933. In case No. 75-2200, McIntyre v. First National Bank of Cincinnati, the District Court for the Southern District of Ohio, Western Division, applied Ohio’s four year statute of limitations for general fraud, Ohio Rev. Code 2305.09. In case No. 75-1684, Nickels v. Koehler Management Corp.,…

2Cases cited22 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
  3. Holmberg v. ArmbrechtSupreme Court of the United States · 1946
  4. Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
  5. John B. Janigan v. Frederick B. TaylorCourt of Appeals for the First Circuit · 1965

17 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Fed. Sec. L. Rep. P 96,861 Gerald Mansbach v. Prescott, Ball & TurbenCourt of Appeals for the Sixth Circuit · 1979
  2. Aldrich v. McCulloch Properties, Inc.Court of Appeals for the Tenth Circuit · 1980
  3. Blue Sky L. Rep. P 71,586, Fed. Sec. L. Rep. P 97,632 Joseph A. Carothers v. W. Thomas RiceCourt of Appeals for the Sixth Circuit · 1980
  4. Herm v. StaffordCourt of Appeals for the Sixth Circuit · 1981
  5. Sylvester Marx v. Centran CorporationCourt of Appeals for the Sixth Circuit · 1984

34 more not listed; retrieve them via the Exa API.

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