Legal Opinion

Herbert S. GLICK v. Joseph F. CAMPAGNA and Washington Marketing & Financial, Inc., Appellants

Court of Appeals for the Third Circuit

Decided January 3, 1980No. 79-1196PublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

In this securities case, the plaintiff alleged that he sold his stock in a close corporation for an inadequate price because of misrepresentations by the only other shareholder. Finding violations of rule 10b-5 as well as fraud under state law, the district court ordered defendant to pay damages of a “rescissory nature.” The award consisted of one-half the company’s revenues, less certain expenses, together with a provision for similar payments in the future. We conclude that a proper remedy would have been rescission coupled with restitution in an…

2Cases cited11 opinions

  1. Fed. Sec. L. Rep. P 96,048 Milton E. Dupuy v. Clarence O. Dupuy, Jr.Court of Appeals for the Fifth Circuit · 1977
  2. Hutton v. Johns Hopkins UniversitySupreme Court of the United States · 1974
  3. Fed. Sec. L. Rep. P 94,302 the Johns Hopkins University v. William E. HuttonCourt of Appeals for the Fourth Circuit · 1974
  4. Thomas v. Duralite Co.Court of Appeals for the Third Circuit · 1975
  5. Michael Churma v. United States Steel CorporationCourt of Appeals for the Third Circuit · 1975

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

3Cited by37 opinions

  1. Mayer v. MylodCourt of Appeals for the Sixth Circuit · 1993
  2. Mayer v. MylodCourt of Appeals for the Sixth Circuit · 1993
  3. SHARP, Stanley L. v. COOPERS & LYBRAND, AppellantCourt of Appeals for the Third Circuit · 1981
  4. Lokay v. Lehigh Valley Cooperative Farmers, Inc.Supreme Court of Pennsylvania · 1985
  5. Fed. Sec. L. Rep. P 98,656 Arthur Golden and Gladys Golden v. Anthony GarafaloCourt of Appeals for the Second Circuit · 1982

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

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