Legal Opinion

Fed. Sec. L. Rep. P 95,468 Ernest C. Hector v. Herman Wiens, Individually and Dba Wiens Feed Lot

Court of Appeals for the Ninth Circuit

Decided February 23, 1976No. 74-1727PublishedCited by 184 opinions

1Opinion of the Court

OPINION

Before BROWNING and WALLACE, Circuit Judges and TURRENTINE, * District Judge. PER CURIAM:

This is an action, inter alia, to recover damages for alleged violations of the Securities Act of 1933 and the Securities Exchange Act of 1934. Defendant bank moved to dismiss the cause for failure to state a claim under the Securities Acts on the ground that the transaction between plaintiff and defendant bank did not involve a security. The district court, treating the motion to dismiss as one for summary judgment pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, granted defendant’s…

2Cases cited4 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. Tcherepnin v. KnightSupreme Court of the United States · 1967
  3. 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
  4. Fed. Sec. L. Rep. P 94,475 Mary F. El Khadem v. Equity Securities Corporation, a CorporationCourt of Appeals for the Ninth Circuit · 1974

3Cited by184 opinions

  1. Fed. Sec. L. Rep. P 95,494 Great Western Bank & Trust v. Sol KotzCourt of Appeals for the Ninth Circuit · 1976
  2. John Daniel v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of AmericaCourt of Appeals for the Seventh Circuit · 1977
  3. Securities and Exchange Commission v. Paul S. Rubera, Securities and Exchange Commission v. Paul S. RuberaCourt of Appeals for the Ninth Circuit · 2003
  4. Troyer v. KarcagiDistrict Court, S.D. New York · 1979
  5. United California Bank v. THC Financial Corp.Court of Appeals for the Ninth Circuit · 1977

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