Legal Opinion
Heyman v. Heyman
District Court, S.D. New York
Decided March 27, 1973No. 72 Civ. 3783PublishedCited by 43 opinions
1Opinion of the Court
BAUMAN, District Judge.
This case presents a difficult question of interpreting the reach of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j (b) and Rule 10b-5, 17 C.F. R. § 240.10b-5. As happens so often when such cases are presented in this court, the ingenuity of defendants’ allegedly fraudulent, scheme is matched only by the ingenuity of plaintiffs’ attempt to bring it within the ambit of the statute. Before the court is a motion by all of the defendants pursuant to Rules 12(b) 1 and 12(b) 6 of the Federal Rules of Civil Procedure, to dismiss the complaint for lack of…
2Cases cited50 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Superintendent of Insurance of New York v. Bankers Life & Casualty Co.Supreme Court of the United States · 1971
- Securities & Exchange Commission v. National Securities, Inc.Supreme Court of the United States · 1969
- Birnbaum v. Newport Steel Corp.Court of Appeals for the Second Circuit · 1952
45 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Fed. Sec. L. Rep. P 94,853 John Schlick v. Penn-Dixie Cement CorporationCourt of Appeals for the Second Circuit · 1974
- Kirshner v. United StatesCourt of Appeals for the Second Circuit · 1978
- Fed. Sec. L. Rep. P 96,780 Harold J. O'Brien v. Continental Illinois National Bank and Trust Company of Chicago, a National Banking AssociationCourt of Appeals for the Seventh Circuit · 1979
- Gross v. Diversified Mortgage InvestorsDistrict Court, S.D. New York · 1977
- Ron Grubb v. Federal Deposit Insurance CorporationCourt of Appeals for the First Circuit · 1989
38 more not listed; retrieve them via the Exa API.