Legal Opinion
Fed. Sec. L. Rep. P 99,685 Betty Jane Siebel, of the Estate of Eldon K. Siebel, Deceased, Cross-Appellees v. James C. Scott, Cross-Appellants
Court of Appeals for the Fifth Circuit
Decided February 27, 1984No. 82-1713PublishedCited by 33 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
In this securities case we review findings that sales of securities were procured by fraud and we explicate the proper measure of damages for such cases. We hold that interests in a limited partnership here constitute “securities,” and that the plaintiffs’ recovery on the facts here should be tied to the actual value of the partnership interests at the time of sale which can encompass the profit realized by the fraudulent purchaser upon subsequent resale of the underlying' assets. We affirm the district court’s findings of fraud, but remand for…
2Cases cited19 opinions
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983
- United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
- Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
14 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Fed. Sec. L. Rep. P 94,019 Mary Margaret Ward, Cross-Appellants v. Succession of Richard W. Freeman, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1988
- C. Roger Youmans, Jr., M.D., and Leonard B. Tatar, Trustee, Plaintiffs v. Nick Simon and Bidco, Inc.Court of Appeals for the Fifth Circuit · 1986
- Jim Long v. Shultz Cattle Company, Incorporated, an Oklahoma Corporation, and William B. ShultzCourt of Appeals for the Fifth Circuit · 1989
- Fed. Sec. L. Rep. P 93,675 W. Monroe Stephenson v. Paine Webber Jackson & Curtis, Inc. And James E. WelchCourt of Appeals for the Fifth Circuit · 1988
- L.W. Laird v. Integrated Resources, Inc.Court of Appeals for the Fifth Circuit · 1990
28 more not listed; retrieve them via the Exa API.