Legal Opinion

Lewis I. Baurer v. The Planning Group, Inc.

Court of Appeals for the D.C. Circuit

Decided December 4, 1981No. 80-2583PublishedCited by 31 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This appeal questions whether the term “security,” as defined by the Securities Act of 1933 1 and the Securities Exchange Act of 1934, 2 includes a short-term promissory note given in exchange for funds advanced in anticipation of securing a limited partnership interest. In light of the broad remedial purposes of the securities laws, which mandate sufficiently flexible construction to include “[n]ovel, uncommon, or irregular devices” which function as investments, 3 we hold that the note involved here is a security.

I.…

2Cases cited26 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  3. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  4. Rosado v. WymanSupreme Court of the United States · 1970
  5. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892

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

3Cited by31 opinions

  1. Reves v. Ernst & YoungSupreme Court of the United States · 1990
  2. Anand Prakash v. American UniversityCourt of Appeals for the D.C. Circuit · 1984
  3. Chemical Bank v. Arthur Andersen & Co.Court of Appeals for the Second Circuit · 1984
  4. Financial General Bankshares, Inc. v. Eugene J. Metzger, Financial General Bankshares, Inc., Cross-Appellant v. Eugene J. MetzgerCourt of Appeals for the D.C. Circuit · 1982
  5. Kleiner v. First National Bank of AtlantaDistrict Court, N.D. Georgia · 1983

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API