Legal Opinion

Smith v. Gross

Court of Appeals for the Ninth Circuit

Decided September 17, 1979No. Nos. 77-3705, 77-3159PublishedCited by 32 opinions

1Per curiam

Gerald and Mary Smith appeal from the district court’s judgment dismissing their action against the defendants. The Smiths brought suit against Gross, Gaddie, and the two corporate defendants for violation of the federal securities laws. The district court dismissed the suit without prejudice for lack of subject matter jurisdiction on the ground that there was no security involved in the transactions between the parties. The' Smiths also appealed from the district court’s denial of their motion under Fed.R.Civ.P. 60(b) to amend the record on appeal.

We reverse. The transaction between the…

2Cases cited12 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  3. KVOS, Inc. v. Associated PressSupreme Court of the United States · 1936
  4. Fed. Sec. L. Rep. P 93,748 Securities and Exchange Commission v. Glenn W. Turner Enterprises, Inc.Court of Appeals for the Ninth Circuit · 1973
  5. Timberlane Lumber Co. v. Bank of AmericaCourt of Appeals for the Ninth Circuit · 1976

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

3Cited by32 opinions

  1. Fed. Sec. L. Rep. P 97,588 Securities and Exchange Commission v. Stephen MurphyCourt of Appeals for the Ninth Circuit · 1980
  2. Securities and Exchange Commission v. Paul S. Rubera, Securities and Exchange Commission v. Paul S. RuberaCourt of Appeals for the Ninth Circuit · 2003
  3. Sec v. Goldfield Deep Mines Company Of NevadaCourt of Appeals for the Ninth Circuit · 1985
  4. Vaughn v. Teledyne, Inc.Court of Appeals for the Ninth Circuit · 1980
  5. Fed. Sec. L. Rep. P 99,447 United States of America v. Frank E. Jones, James R. Jamerson, and Richard Eugene Webber, DefendantsCourt of Appeals for the Ninth Circuit · 1983

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

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