Legal Opinion
Leo Vine v. Beneficial Finance Company, Inc., and Charles H. Dowd, Stuart A. Wixson, George J. Springer, C. H. Donohue and Crown Finance Company, Inc.
Court of Appeals for the Second Circuit
Decided March 13, 1967No. 30500_1PublishedCited by 348 opinions
1Opinion of the Court
FEINBERG, Circuit Judge.
This is another of the growing number of cases based upon section 10(b) of the Securities Exchange Act of 1934 (“the Act”), and Rule 10b-5 promulgated thereunder by the Securities and Exchange Commission. We deal primarily with the first amended complaint of appellant Leo Vine against appellee Beneficial Finance Company, Inc., which alleges violations of both the Act and state law. The District Court for the Southern District of New York dismissed the complaint. Its basic holding was narrow; the federal action failed because Vine was not a “seller” of securities. For…
2Cases cited31 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- J. I. Case Co. v. BorakSupreme Court of the United States · 1964
- Birnbaum v. Newport Steel Corp.Court of Appeals for the Second Circuit · 1952
- Thompson v. Immigration & Naturalization ServiceSupreme Court of the United States · 1964
- Perry O. Hooper, as Trustee in Bankruptcy of Consolidated American Industries, Inc. v. Mountain States Securities CorporationCourt of Appeals for the Fifth Circuit · 1960
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3Cited by348 opinions
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Securities & Exchange Commission v. National Securities, Inc.Supreme Court of the United States · 1969
- Lyell Theatre Corp. v. Loews Corp.Court of Appeals for the Second Circuit · 1982
- Fed. Sec. L. Rep. P 94,853 John Schlick v. Penn-Dixie Cement CorporationCourt of Appeals for the Second Circuit · 1974
- Alexander Kahan, on Behalf of Himself and All Others Similarly Situated v. Lewis RosenstielCourt of Appeals for the Third Circuit · 1970
343 more not listed; retrieve them via the Exa API.