Legal Opinion

Commerce Reporting Company v. Puretec, Inc.

District Court, S.D. New York

Decided July 31, 1968No. 68 Civ. 1746PublishedCited by 40 opinions

1Opinion of the Court

MANSFIELD, District Judge.

Defendants’ motion pursuant to Rule 12(b), F.R.Civ.P., to dismiss the complaint on the grounds that the Court lacks jurisdiction over the subject matter and the complaint fails to state a cause of action is granted, with leave to file an amended complaint.

The complaint contains two claims for relief, invoking federal question jurisdiction, 28 U.S.C. §§ 1331, 1337, based on § 22 of the Securities Act of 1933, § 27 of the Securities Exchange Act of 1934, and claiming implied rights under § 17(a) of the 1933 Act, 15 U.S.C. § 77q(a), § 10(b) of the 1934 Act, 15 U.S.C. §…

2Cases cited13 opinions

Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963
Birnbaum v. Newport Steel Corp.Court of Appeals for the Second Circuit · 1952
Fischman v. Raytheon Mfg. Co.Court of Appeals for the Second Circuit · 1951
A. T. Brod & Co. v. Jack Perlow and Adele Perlow, Also Known as Adele WagnerCourt of Appeals for the Second Circuit · 1967
Cooper v. North Jersey Trust Company of Ridgewood, NJDistrict Court, S.D. New York · 1964

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

3Cited by40 opinions

Fed. Sec. L. Rep. P 93,947 Dean Walling v. Beverly Enterprises, a California CorporationCourt of Appeals for the Ninth Circuit · 1973
Fed. Sec. L. Rep. P 99,667 Reprosystem, B v. and N. Norman Muller, and Cross-Appellants v. Scm Corporation, and Cross-AppelleeCourt of Appeals for the Second Circuit · 1984
Crane Co. v. Westinghouse Air Brake Co.Court of Appeals for the Second Circuit · 1969
Fed. Sec. L. Rep. P 92,642 Kenneth Rekant on Behalf of Himself as an Individual, Etc. v. Arthur A. DesserCourt of Appeals for the Fifth Circuit · 1970
In Re Penn Central Securities LitigationDistrict Court, E.D. Pennsylvania · 1972

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