Legal Opinion

Gould v. Barnes Brokerage Co.

District Court, N.D. Texas

Decided June 23, 1972No. Civ. A. 3-5362PublishedCited by 13 opinions

1Opinion of the Court

OPINION AND ORDER

ROBERT M. HILL, District Judge.

Plaintiffs have brought this suit under the Commodity Exchange Act, 7 U. S.C. § 6b, for fraud in the sale of commodities. The defendant has moved to dismiss for lack of jurisdiction. The motion is overruled.

Plaintiffs allege that an agent of defendant contacted each of them during the months of July and August of 1971, and solicited accounts from each of them for the purpose of trading in contract futures for frozen orange juice concentrate. Plaintiffs allege that the agent represented that he was an expert in this area, that the maximum amount…

2Cases cited12 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. Mulford v. SmithSupreme Court of the United States · 1939
  3. Bertha Hecht, and v. Harris, Upham & Co., a Partnership, Harris, Upham & Co., Inc., a Corporation, AndCourt of Appeals for the Ninth Circuit · 1970
  4. Pinel v. PinelSupreme Court of the United States · 1916
  5. Goodman v. H. Hentz & Co.District Court, N.D. Illinois · 1967

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

3Cited by13 opinions

  1. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
  2. Leist v. SimplotCourt of Appeals for the Second Circuit · 1980
  3. Fed. Sec. L. Rep. P 96,368 Joe G. Moody v. Bache & Co., Incorporated and Bob PetersCourt of Appeals for the Fifth Circuit · 1978
  4. Hofmayer v. Dean Witter & Co., Inc.District Court, N.D. California · 1978
  5. Shelley v. NoffsingerDistrict Court, N.D. Illinois · 1981

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

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