Legal Opinion
King v. Pope
Tennessee Supreme Court
Decided December 19, 2002No. M2000-02127-SC-R11-CVPublishedCited by 42 opinions
1Opinion of the Court
FRANK F. DROWOTA, III, C. J.,
delivered the opinion of the court,
in which E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., JANICE M. HOLDER, and WILLIAM M. BARKER, JJ. joined.
OPINION
In this case, we must decide whether a pay telephone sale-leaseback program marketed and sold by the plaintiff constitutes an investment contract, and thus a security under the Tennessee Securities Act of 1980. In finding that the program was a security, the trial court applied the definition of “investment contract” adopted by the Court of Criminal Appeals in State v. Brewer, 932 S.W.2d 1 (Tenn.Crim.App.), perm. app.…
2Cases cited33 opinions
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
- 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
- Fed. Sec. L. Rep. P 94,710 Securities and Exchange Commission v. Koscot Interplanetary, Inc.Court of Appeals for the Fifth Circuit · 1974
- Fed. Sec. L. Rep. P 94,473 Maurice Shapiro v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Second Circuit · 1974
28 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Swift v. CampbellCourt of Appeals of Tennessee · 2004
- State v. CasperTennessee Supreme Court · 2009
- Counts v. BryanCourt of Appeals of Tennessee · 2005
- State Ex Rel. Miller v. PaceSupreme Court of Iowa · 2004
- As You Sow v. AIG Financial Advisors, Inc.District Court, M.D. Tennessee · 2008
37 more not listed; retrieve them via the Exa API.