Legal Opinion

Nassau Securities Service v. Securities and Exchange Commission

Court of Appeals for the Second Circuit

Decided June 28, 1965No. 29346_1PublishedCited by 10 opinions

1Opinion of the Court

WATERMAN, Circuit Judge.

Petitioner, a member of the National Association of Securities Dealers, Inc. (NASD), contracted to sell 100 shares of stock at $6.75 per share to James Anthony & Co., a fellow member of the NASD. When petitioner failed to deliver the shares at the proper time, Anthony purchased the stock at $10 per share from another dealer on petitioner’s account, in accordance with Section 59 of the NASD Uniform Practice Code. Petitioner subsequently declined to pay Anthony the difference between the contract price and the “buy-in” price, a sum of $325.00.

Upon a complaint by Anthony…

2Cases cited3 opinions

  1. Hamm v. City of Rock HillSupreme Court of the United States · 1964
  2. Irwin Berko v. Securities and Exchange CommissionCourt of Appeals for the Second Circuit · 1963
  3. Ernest F. Boruski, Jr. v. Securities and Exchange Commission and National Association of Securities Dealers, Inc.Court of Appeals for the Second Circuit · 1961

3Cited by10 opinions

  1. ARTHUR LIPPER CORPORATION and Arthur Lipper, III, Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, RespondentCourt of Appeals for the Second Circuit · 1977
  2. 8200 Realty Corp. v. LindsayNew York Court of Appeals · 1970
  3. TODD AND COMPANY, INC. and Thomas K. Langbein, Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, RespondentCourt of Appeals for the Third Circuit · 1977
  4. MISTER DISCOUNT STOCKBROKERS, INC. and William F. Miller, Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, RespondentCourt of Appeals for the Seventh Circuit · 1985
  5. Howard J. SHULTZ, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, RespondentCourt of Appeals for the Seventh Circuit · 1980

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