Legal Opinion

Fed. Sec. L. Rep. P 93,947 Dean Walling v. Beverly Enterprises, a California Corporation

Court of Appeals for the Ninth Circuit

Decided April 9, 1973No. 71-1510PublishedCited by 226 opinions

1Opinion of the Court

CHOY, Circuit Judge:

Appellants (West Texas Shareholders), owners of all the shares of West Texas Medical Center, Inc. (West Texas), a Texas corporation, brought this action against Beverly Enterprises (Beverly), a California corporation, for alleged violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 781(b), 1 and SEC Rule 10b-5, 17 C.F.R. § 240.10b-5, 2 and for breach of contract. Federal jurisdiction is based solely on the securities law violations. 3

The district court held that West Texas Shareholders had failed to state a claim for relief under federal…

2Cases cited15 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Superintendent of Insurance of New York v. Bankers Life & Casualty Co.Supreme Court of the United States · 1971
  3. Durland v. United StatesSupreme Court of the United States · 1896
  4. A. T. Brod & Co. v. Jack Perlow and Adele Perlow, Also Known as Adele WagnerCourt of Appeals for the Second Circuit · 1967
  5. Richard Shemtob v. Shearson, Hammill & Co., Inc.Court of Appeals for the Second Circuit · 1971

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

3Cited by226 opinions

  1. In Re Glenfed, Inc. Securities LitigationCourt of Appeals for the Ninth Circuit · 1994
  2. Semegen v. WeidnerCourt of Appeals for the Ninth Circuit · 1985
  3. Regina Warshaw and John D. Kaufman, on Behalf of Themselves and All Others Similarly Situated v. Xoma Corporation Steven C. MendellCourt of Appeals for the Ninth Circuit · 1996
  4. Schreiber Distributing Co. v. Serv-Well Furniture Co.Court of Appeals for the Ninth Circuit · 1986
  5. Fed. Sec. L. Rep. P 95,351 Billie Jean Woodward v. Metro Bank of DallasCourt of Appeals for the Fifth Circuit · 1975

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

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