Legal Opinion

Gray v. First Winthrop Corp.

Court of Appeals for the Ninth Circuit

Decided April 7, 1993No. Nos. 91-16907, 92-15986, 92-15901 and 92-16193PublishedCited by 80 opinions

1Opinion of the Court

GOODWIN, Circuit Judge:

Gray, Cope and Simon present one common issue: the constitutionality of section 27A of the Securities Exchange Act of 1934 (“1934 Act”). Appellees argue that section 27A is unconstitutional in several respects: (1) it violates the separation of powers doctrine, as interpreted in United States v. Klein, 80 U.S. (13 Wall.) 128, 20 L.Ed. 519 (1872), by directing a rule of decision in pending cases without changing the underlying substantive law; (2) it violates the separation of powers doctrine by impermis-sibly interfering with the effect of final judgments; (3) it…

2Cases cited32 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Griffith v. KentuckySupreme Court of the United States · 1987
  3. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  4. Bolling v. SharpeSupreme Court of the United States · 1954
  5. Mistretta v. United StatesSupreme Court of the United States · 1989

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3Cited by80 opinions

  1. Patrick James Jeffries v. Tana Wood, SuperintendentCourt of Appeals for the Ninth Circuit · 1997
  2. Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  3. United States of America, Ex Rel. Kevin G. Kelly v. The Boeing CompanyCourt of Appeals for the Ninth Circuit · 1993
  4. United States v. Viken YacoubianCourt of Appeals for the Ninth Circuit · 1994
  5. Cooke v. Manufactured Homes, Inc.Court of Appeals for the Fourth Circuit · 1993

75 more not listed; retrieve them via the Exa API.

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