Legal Opinion

Alfred D. Lopez and Jeanie Reitzell v. Dean Witter Reynolds, Inc.

Court of Appeals for the Ninth Circuit

Decided December 5, 1986No. 85-2429PublishedCited by 20 opinions

1Opinion of the Court

NELSON, Circuit Judge:

Alfred D. Lopez (“Lopez”) and Jeanie Reitzell (“Reitzell”) appeal the district court dismissal of their claims for violations of the Securities Act of 1933, 15 U.S.C. § 77a et seq., (1982), and the Commodity Exchange Act, 7 U.S.C. § 1 et seq., (1982), against Dean Witter Reynolds Inc. (“Dean Witter”). They argue that the district court erred in dismissing these claims because the account in which Reitzell invested was one in which commodities futures contracts were purchased and sold, and therefore constituted both a commodity pool and a security. We have jurisdiction…

2Cases cited18 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
  3. Fed. Sec. L. Rep. P 95,468 Ernest C. Hector v. Herman Wiens, Individually and Dba Wiens Feed LotCourt of Appeals for the Ninth Circuit · 1976
  4. Fed. Sec. L. Rep. P 93,355 Ella Milnarik v. M-S Commodities, Inc., an Illinois Corporation, and David S. NelsonCourt of Appeals for the Seventh Circuit · 1972
  5. Fed. Sec. L. Rep. P 96,167 William F. Hirk v. Agri-Research Council, Inc., John Burlington, and Glenn AndersenCourt of Appeals for the Seventh Circuit · 1977

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3Cited by20 opinions

  1. Peil v. SpeiserCourt of Appeals for the Third Circuit · 1986
  2. Alain Scofield v. City of Hillsborough William A. Key, Chief of Police Thomas Musser, a Police OfficerCourt of Appeals for the Ninth Circuit · 1988
  3. West v. Greyhound Corp.Court of Appeals for the Ninth Circuit · 1987
  4. Durham v. KellyCourt of Appeals for the Ninth Circuit · 1987
  5. Nicholas v. Saul Stone & Co.Court of Appeals for the Third Circuit · 2000

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

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