Legal Opinion
Donlon Industries, Inc. v. Michael Forte and Gerald Ehrlich, and Tessel, Paturick & Ostrau, Inc., and Lionel Weiser
Court of Appeals for the Second Circuit
Decided October 4, 1968No. 42/43, Dockets 32349/32350PublishedCited by 67 opinions
1Opinion of the Court
FRIENDLY, Chief Judge:
In this action in the District Court for the Southern District of New York relating to the purchase of stock of Lieco, Inc., plaintiff alleged that defendants had violated § 17(a) of the Securities Act of 1933 and § 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Appellants Tessel, Paturick & Ostrau, Inc. (TPO) and Weiser, its vice-president, who asserted they were only intermediaries, moved to dismiss the complaint or, in the event that motion was denied, for an order pursuant to § 11(e) of the 1933 Act requiring plaintiff to provide an…
2Cases cited8 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Will v. United StatesSupreme Court of the United States · 1967
- Fischman v. Raytheon Mfg. Co.Court of Appeals for the Second Circuit · 1951
- Fielding v. AllenCourt of Appeals for the Second Circuit · 1950
- Barry C. Phelps v. I. W. BurnhamCourt of Appeals for the Second Circuit · 1964
3 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Michael F. Armstrong v. Clovis McAlpinCourt of Appeals for the Second Circuit · 1980
- Weight Watchers of Philadelphia, Inc. v. Weight Watchers International, Inc.Court of Appeals for the Second Circuit · 1972
- Fed. Sec. L. Rep. P 96,038 Randolph Phillips v. John E. Tobin, Ralph K. Gottshall, and Alleghany CorporationCourt of Appeals for the Second Circuit · 1976
- General Motors Corp. v. City of New YorkCourt of Appeals for the Second Circuit · 1974
- James Miller v. United StatesCourt of Appeals for the Second Circuit · 1968
62 more not listed; retrieve them via the Exa API.