Legal Opinion
King v. Winkler
Court of Appeals for the Eleventh Circuit
Decided April 12, 1982No. 80-7994PublishedCited by 31 opinions
1Opinion of the Court
RONEY, Circuit Judge:
This appeal raises an unsettled issue of federal securities law: whether a transaction involving a private sale of all of a sole shareholder’s corporate stock to purchasers who intend to personally operate and manage the business is a security transaction controlled by the Federal Securities Act of 1933 or the Securities Exchange Act of 1934. We hold that such a transaction is-not governed by the federal securities laws and affirm the district court’s dismissal for lack of subject matter jurisdiction.
The facts reflect a typical sale of a one-owner business by transfer of…
2Cases cited10 opinions
- United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
- Fed. Sec. L. Rep. P 95,351 Billie Jean Woodward v. Metro Bank of DallasCourt of Appeals for the Fifth Circuit · 1975
- Fed. Sec. L. Rep. P 94,737 Juanita McClure v. The First National Bank of Lubbock, Texas, Defendants-Appellees,gaines County DevelopmentsCourt of Appeals for the First Circuit · 1974
- Fed. Sec. L. Rep. P 94,597 J. C. Bellah and Wife Fern Bellah v. The First National Bank of Hereford, Hereford, TexasCourt of Appeals for the First Circuit · 1974
- Fed. Sec. L. Rep. P 97,815 Jeffrey E. Frederiksen and Emerald City Corporation, an Illinois Corporation v. Edward T. PolowayCourt of Appeals for the Seventh Circuit · 1981
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Fed. Sec. L. Rep. P 99,667 Reprosystem, B v. and N. Norman Muller, and Cross-Appellants v. Scm Corporation, and Cross-AppelleeCourt of Appeals for the Second Circuit · 1984
- Yoder v. Orthomolecular Nutrition Institute, Inc.Court of Appeals for the Second Circuit · 1985
- Wisconics Engineering, Inc. v. FisherIndiana Court of Appeals · 1984
- Gould v. RuefenachtSupreme Court of the United States · 1985
- William S. Kaye, as Receiver for Barterline, Ltd. v. Pawnee Construction Company, Inc., Birmingham Trust National BankCourt of Appeals for the Eleventh Circuit · 1982
26 more not listed; retrieve them via the Exa API.