Legal Opinion

Fed. Sec. L. Rep. P 94,788 Jack Kerbs v. Fall River Industries, Inc., a Colorado Corporation

Court of Appeals for the Tenth Circuit

Decided October 3, 1974No. 73-1640PublishedCited by 115 opinions

1Opinion of the Court

DURFEE, Senior Judge.

This action arises under Section 10 of the Securities Exchange Act of 1934, 15 U.S.C. § 78j, and Rule 10b-5 of the Securities and Exchange Commission, 17 C.F.R. § 240.10b-5. Plaintiff, Jack L. Kerbs, seeks to recover $6,200 lost in the course of dealings with defendants, whose conduct, it is alleged, operated a fraud or deceit upon him. Following a trial to the court, judgment was entered in plaintiff’s favor against defendants Marlin H. Thompson, Fall River Industries, Inc. and Securities Transfer, Ltd. 1 Defendants appeal contending (a) that the evidence adduced at…

2Cases cited33 opinions

  1. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
  2. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  3. Superintendent of Insurance of New York v. Bankers Life & Casualty Co.Supreme Court of the United States · 1971
  4. Tcherepnin v. KnightSupreme Court of the United States · 1967
  5. Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943

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3Cited by115 opinions

  1. Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A.Supreme Court of the United States · 1994
  2. Fed. Sec. L. Rep. P 90,266 Irene L. Wright, on Behalf of Herself and All Others Similarly Situated v. Ernst & Young LLPCourt of Appeals for the Second Circuit · 1998
  3. American Society of Mechanical Engineers, Inc. v. Hydrolevel Corp.Supreme Court of the United States · 1982
  4. American Telephone And Telegraph Company v. Winback And Conserve Program, Inc.Court of Appeals for the Third Circuit · 1994
  5. Kay Hollinger Richard Llewelyn Jones Edward E. Nissen Judy D'Arcy K-Judy, Ltd. v. Titan Capital Corp. Emil Wilkowski Painter Financial Group, Ltd.Court of Appeals for the Ninth Circuit · 1990

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