Legal Opinion

State Ex Rel. Miller v. Pace

Supreme Court of Iowa

Decided April 7, 2004No. 02-1726PublishedCited by 17 opinions

1Opinion of the Court

TERNUS, Justice.

The defendant, Edwin Pace, appeals a district court judgment finding he had violated various state laws in his marketing and sale of payphones, awarding monetary remedies and penalties, and granting in-junctive relief. He contends the district court erred (1) in ruling the program he sold — the sale and leaseback of payphones — was a security, and (2) in finding he was not entitled to the lack-of-knowledge defense available to “affiliates” under Iowa securities law. Pace also asserts the State failed to prove, he committed unlawful practices under Iowa’s consumer fraud law.…

2Cases cited27 opinions

  1. United States v. HarrissSupreme Court of the United States · 1954
  2. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  3. Rivers v. Roadway Express, Inc.Supreme Court of the United States · 1994
  4. Gennari v. Weichert Co. RealtorsSupreme Court of New Jersey · 1997
  5. Hyler v. GarnerSupreme Court of Iowa · 1996

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3Cited by17 opinions

  1. Fayne v. VincentTennessee Supreme Court · 2009
  2. Curtis Lumber Co., Inc. v. Louisiana Pacific Corp.Court of Appeals for the Eighth Circuit · 2010
  3. In re Chrysler-Dodge-Jeep Ecodiesel Mktg.District Court, N.D. California · 2018
  4. Mathews v. Cassidy Turley Maryland, Inc.Court of Appeals of Maryland · 2013
  5. State of Iowa Ex Rel. Thomas J. Miller, Attorney General for Iowa v. Vertrue, Incorporated F/K/A Memberworks, Inc., a Delaware Corporation Adaptive Marketing, LLC, a Delaware Limited Liability Company Idaptive Marketing, LLC, a Delaware Limited Liability CompanySupreme Court of Iowa · 2013

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