Legal Opinion

William TARASI, George Sampas and Virginia R. Harrigan, Appellants, v. PITTSBURGH NATIONAL BANK and S. Robert Mialki

Court of Appeals for the Third Circuit

Decided June 15, 1977No. 76-1834PublishedCited by 57 opinions

1Opinion of the Court

OPINION OF THE COURT

Before ADAMS, KALODNER * and HUNTER, Circuit Judges.

ADAMS, Circuit Judge.

At issue in this appeal is whether the defense of in pari delicto stands as a bar to a lawsuit brought by “tippees” against a “tipper” 1 pursuant to section 10(b) of the Securities Exchange Act of 1934 2 and rule 10b-5 3 promulgated thereunder.

I

Before reviewing the facts of this case, it is necessary to take note of the procedural posture of the litigation. Since this is an appeal from the grant of summary judgment for the defendants, we are obliged, of course, to consider the record in the light most…

2Cases cited22 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. J. I. Case Co. v. BorakSupreme Court of the United States · 1964
  3. Precision Instrument Manufacturing Co. v. Automotive Maintenance MacHinery Co.Supreme Court of the United States · 1945
  4. Perma Life Mufflers, Inc. v. International Parts Corp.Supreme Court of the United States · 1968
  5. Keystone Driller Co. v. General Excavator Co.Supreme Court of the United States · 1933

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

3Cited by57 opinions

  1. Bateman Eichler, Hill Richards, Inc. v. BernerSupreme Court of the United States · 1985
  2. Mallis v. Bankers Trust Co.Court of Appeals for the Second Circuit · 1980
  3. McAdam v. Dean Witter Reynolds, Inc.Court of Appeals for the Third Circuit · 1990
  4. Mitchell Brothers Film Group and Jartech, Inc. v. Cinema Adult Theater, A/K/A Cinema 69Court of Appeals for the Fifth Circuit · 1979
  5. Truitt v. MillerDistrict of Columbia Court of Appeals · 1979

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API