Legal Opinion
Neuwirth Investment Fund, Ltd. v. Swanton
District Court, S.D. New York
Decided November 17, 1975No. 72 Civ. 268PublishedCited by 10 opinions
1Opinion of the Court
MOTLEY, District Judge.
OPINION ON MOTION FOR SUMMARY JUDGMENT
Plaintiffs, two foreign investment companies, commenced this action on January 20, 1972, seeking rescission relief under Section 12(1) of the Securities Act of 1933 (15 U.S.C. § 777(1)) (“Securities Act”). Their claim is that stock sold to them by defendants was not registered pursuant to Section 5 of the Securities Act (15 U.S.C. § 77e), and that, accordingly, they are entitled to redeliver the stock to defendants and have their money returned. On December 2, 1972, this court granted leave to plaintiffs to serve and file an amended…
2Cases cited15 opinions
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
- Tcherepnin v. KnightSupreme Court of the United States · 1967
- Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
- Securities & Exchange Commission v. Ralston Purina Co.Supreme Court of the United States · 1953
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Securities & Exchange Commission v. CavanaghDistrict Court, S.D. New York · 1998
- Securities & Exchange Commission v. LybrandDistrict Court, S.D. New York · 2002
- Berckeley Investment Group, Ltd. v. ColkittCourt of Appeals for the Third Circuit · 2006
- In Re Board of Directors of Multicanal S.A.United States Bankruptcy Court, S.D. New York · 2006
- McDaniel v. Compania Minera Mar de Cortes, Sociedad Anonimo, Inc.District Court, D. Arizona · 1981
5 more not listed; retrieve them via the Exa API.