Legal Opinion
Bank of Denver v. Southeastern Capital Group, Inc.
District Court, D. Colorado
Decided March 20, 1992No. Civ. A. 90-B-1551PublishedCited by 25 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BABCOCK, District Judge.
Pursuant to § 476 of the Federal Deposit Insurance Corporation Improvement Act of 1991, P.L. No. 102-242, plaintiffs move for reinstatement of their filed claim under § 10(b) of the 1934 Securities and Exchange Act and Rule 10b-5. Pursuant to 28 U.S.C. § 2403, notice of the claim of unconstitutionality was sent to the U.S. attorney general on February 20, 1992. The motion was heard on March 20, 1992. Because I conclude that § 476 is unconsti tutional for violating the principle of the separation of powers, plaintiffs’ motion to reinstate is…
2Cases cited21 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Buckley v. ValeoSupreme Court of the United States · 1976
- United States v. NixonSupreme Court of the United States · 1974
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Mistretta v. United StatesSupreme Court of the United States · 1989
16 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Russell Henderson, Mildred E. Chambers and Charles E. Moore, Individually and as Class Representatives v. Scientific-Atlanta, Inc.Court of Appeals for the Eleventh Circuit · 1992
- Adler v. Berg Harmon AssociatesDistrict Court, S.D. New York · 1992
- Brown v. Hutton GroupDistrict Court, S.D. New York · 1992
- In Re Crazy Eddie Securities LitigationDistrict Court, E.D. New York · 1992
- Anixter v. Home-Stake Production Co.Court of Appeals for the Tenth Circuit · 1992
20 more not listed; retrieve them via the Exa API.