Legal Opinion · Dissent

Securities & Exchange Commission v. Securities Northwest, Inc.

Court of Appeals for the Ninth Circuit

Decided April 14, 1978No. 76-1556Published

1DissentEly, Circuit Judge

I respectfully dissent. In my opinion, Lonergan, because of his status as a stockholder of Securities Northwest, Inc. [the Debtor], possesses the statutory right to be heard in proceedings brought under the Securities Investor Protection Act [SIPA], 15 U.S.C. §§ 78aaa-78111 (1976). I would therefore hold that Lonergan, without doubt, has the requisite standing. After reviewing the merits of his claim, however, I conclude that the decision of the District Court denying relief to Lonergan should be affirmed.

*627I. STANDING

I agree with my Brother Koelsch that Lonergan does not have a sufficiently…

2Cases cited6 opinions

  1. Flast v. CohenSupreme Court of the United States · 1968
  2. Fed. Sec. L. Rep. P 94,878 Securities Investor Protection Corporation v. Charisma Securities Corporation, Edwin L. Gasperini, Gasperini & SavageCourt of Appeals for the Second Circuit · 1974
  3. Securities & Exchange Commission v. Aberdeen Securities Co.Court of Appeals for the Third Circuit · 1975
  4. Willard L. Gleeson and Mary F. Gleeson v. Fred E. Carr, Trustee in Bankruptcy of the Estate of Broadcasting Corporation of America, DebtorCourt of Appeals for the Ninth Circuit · 1955
  5. Wonderbowl, Inc. v. JonasCourt of Appeals for the Ninth Circuit · 1975

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