Legal Opinion

Fed. Sec. L. Rep. P 92,913 Ernest Klein v. Auchincloss, Parker & Redpath, Spear, Leeds & Kellogg, James Crane Kellogg Iii, and Raymond E. Grabowski

Court of Appeals for the Second Circuit

Decided January 4, 1971No. 177, Docket 34989PublishedCited by 28 opinions

1Opinion of the Court

J. JOSEPH SMITH, Circuit Judge:

Plaintiff appeals from an order of the United States District Court for the Southern District of New York, Inzer B. Wyatt, Judge, granting summary judgment in favor of defendants and dismissing the actions against them on the grounds that the claims under the Securities and Exchange Act of 1934, 15 U. S.C. § 78a et seq. (“the 1934 Act”), were barred by the applicable statutes of limitations. We reverse.

Plaintiff charged in his complaint that on November 25, 1959, he employed defendant Auchincloss, Parker & Red-path (“A.P.R.”), stockbrokers, to sell twenty shares…

2Cases cited2 opinions

  1. Fischman v. Raytheon Mfg. Co.Court of Appeals for the Second Circuit · 1951
  2. Klein v. BowerCourt of Appeals for the Second Circuit · 1970

3Cited by28 opinions

  1. Barbara B. Sack v. V. T. Low, Doing Business as a Partnership Under the Name of Bear, Stearns & Co., and Richard W. SilvermanCourt of Appeals for the Second Circuit · 1973
  2. Fed. Sec. L. Rep. P 94,496 Richard J. Sargent v. Genesco, Inc.Court of Appeals for the Fifth Circuit · 1974
  3. Ernest Klein v. Shields & Company and Warner G. Cosgrove, Jr.Court of Appeals for the Second Circuit · 1972
  4. Stull v. BayardCourt of Appeals for the Second Circuit · 1977
  5. Wachovia Bank and Trust Co., N. A. (As Trustee and Agent for Various Trust Accounts) v. National Student Marketing Corporation, Two Cases. Wachovia Bank and Trust Co., N. A. (As Trustee and Agent for Various Trust Accounts) v. National Student Marketing Corporation, White & Case, Wachovia Bank and Trust Co., N. A. (As Trustee and Agent for Various Trust Accounts) v. National Student Marketing Corporation, Peat, Marwick, Wachovia Bank and Trust Co., N. A. (As Trustee and Agent for Various Trust Accounts) v. National Student Marketing Corporation, Roger O. Walther, Wachovia Bank and Trust Co., N. A. (As Trustee and Agent for Various Trust Accounts) v. National Student Marketing Corporation, James F. Joy, Wachovia Bank and Trust Co., N. A. (As Trustee and Agent for Various Trust Accounts) v. National Student Marketing Corporation, Donald A. Fergusson and Robert A. Fergusson, Wachovia Bank and Trust Co., N. A. (As Trustee and Agent for Various Trust Accounts) v. National Student Marketing Corporation, Cortes W. RandellCourt of Appeals for the D.C. Circuit · 1981

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