Legal Opinion

Avern Trust v. Clarke

Court of Appeals for the Seventh Circuit

Decided July 14, 1969No. 16957PublishedCited by 28 opinions

1Opinion of the Court

SWYGERT, Circuit Judge.

The plaintiffs in this action, James A. Dooley, his wife, Virginia, the Avern Trust, of which the Dooleys are the beneficiaries, and the James A. Dooley Foundation, a charitable corporation, seek damages for fraud and breach of a fiduciary relationship arising from a series of securities transactions during 1961-63 with the defendants, John W. Clarke & Co., a broker-dealer in securities, and John W. Clarke, its president.

The amended complaint charged the defendants with fraud by virtue of their alleged violation of sections 12(2) and 17 (a) (1) (2) and (3) of the…

2Cases cited9 opinions

  1. Palmer v. HoffmanSupreme Court of the United States · 1943
  2. Hansford P. Miller v. Jackson AviromCourt of Appeals for the D.C. Circuit · 1967
  3. Donald W. Buttrey, Trustee in Bankruptcy for Dobich Securities Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Seventh Circuit · 1969
  4. Charles Hughes & Co. v. Securities & Exchange CommissionCourt of Appeals for the Second Circuit · 1943
  5. Estate Counseling Service, Inc., a Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, a CorporationCourt of Appeals for the Tenth Circuit · 1962

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

3Cited by28 opinions

  1. Landry v. Federal Deposit Insurance CorporationCourt of Appeals for the Third Circuit · 1973
  2. Fed. Sec. L. Rep. P 94,437 Hetty Fey v. Walston & Co., Inc., and Robert A. SpiraCourt of Appeals for the Seventh Circuit · 1974
  3. Eli Lilly and Company v. Aradigm Corporation, Defendant-CrossCourt of Appeals for the Federal Circuit · 2004
  4. Fed. Sec. L. Rep. P 96,030 Henry T. Sanders v. John Nuveen & Co., Inc.Court of Appeals for the Seventh Circuit · 1977
  5. Adair v. Hunt International Resources Corp.District Court, N.D. Illinois · 1981

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

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