Legal Opinion
Norman S. Gottreich and Margareta E. Gottreich v. San Francisco Investment Corporation
Court of Appeals for the Ninth Circuit
Decided March 15, 1977No. 74-3376PublishedCited by 63 opinions
1Opinion of the Court
DUNIWAY, Circuit Judge. .
The Gottreichs filed a complaint and an amended complaint alleging violations of (1) § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b); (2) SEC Rule 10b-5,17 C.F.R. § 240.10b-5 (1976); and (3) state law. The district court dismissed the action on the ground that the amended complaint failed to state a claim upon which relief could be granted. The amended complaint is hardly a model, but it is sufficient.
Rule 9(b), F.R.Ciy.P., with its requirement of pleading with particularity, applies to Rule 10b-5 cases, but a pleading is sufficient under Rule 9(b)…
2Cases cited4 opinions
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Fed. Sec. L. Rep. P 93,947 Dean Walling v. Beverly Enterprises, a California CorporationCourt of Appeals for the Ninth Circuit · 1973
- Fed. Sec. L. Rep. P 94,904 William H. Marx and Florence Marx, His Wife v. Computer Sciences CorporationCourt of Appeals for the Ninth Circuit · 1974
- Fed. Sec. L. Rep. P 94,181 G & M, Inc., a Corporation v. R. B. Newbern, (Two Cases)Court of Appeals for the Ninth Circuit · 1973
3Cited by63 opinions
- Howard Wool v. Tandem Computers Incorporated, Robert C. Marshall, Henry v. Morgan, and James G. TreybigCourt of Appeals for the Ninth Circuit · 1987
- In Re Glenfed, Inc. Securities LitigationCourt of Appeals for the Ninth Circuit · 1994
- Semegen v. WeidnerCourt of Appeals for the Ninth Circuit · 1985
- Eisenberg v. GagnonCourt of Appeals for the Third Circuit · 1985
- D. Neubronner v. Michael R. MilkenCourt of Appeals for the Ninth Circuit · 1993
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