Legal Opinion

Crowley v. Montgomery Ward & Co.

Court of Appeals for the Tenth Circuit

Decided February 3, 1978No. 76-1653PublishedCited by 17 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

The controlling question in this case is whether the “Catalog Sales Agency Agreement” entered into by defendant-appellee Montgomery Ward & Co. with individual plaintiffs-appellants is a security within the purview of the Securities Act of 1933, 15 U.S.C. § 77a et seq, and the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq. We hold that the agency agreement is not a security and, hence, there is no federal jurisdiction.

When the case was here before, we reversed in an unpublished opinion. We have now ordered the opinion to be published. *879See No. 74-1476,…

2Cases cited17 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. Land v. DollarSupreme Court of the United States · 1947
  3. United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
  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. Fed. Sec. L. Rep. P 94,710 Securities and Exchange Commission v. Koscot Interplanetary, Inc.Court of Appeals for the Fifth Circuit · 1974

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3Cited by17 opinions

  1. Joseph Wayne Floyd v. Otis R. Bowen, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1988
  2. Meyer v. Dans un Jardin, S.A.Court of Appeals for the Tenth Circuit · 1987
  3. Wright v. SchockCourt of Appeals for the First Circuit · 1984
  4. Texaco Inc. v. Louisiana Land and Exploration Co.District Court, M.D. Louisiana · 1992
  5. Fed. Sec. L. Rep. P 95,216 Dallas Banghart and Michael G. Banghart v. Hollywood General Partnership Ed Wray Robert Rosen, M.D. And Barry Maron, M.D.Court of Appeals for the Tenth Circuit · 1990

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