Legal Opinion

Fed. Sec. L. Rep. P 94,562 Sam Bitter v. Hoby's International, Inc., a Corporation, Sam Bitter v. The Arizona Bank, a Corporation

Court of Appeals for the Ninth Circuit

Decided July 11, 1974No. 72-1721, 72-1878PublishedCited by 25 opinions

1Opinion of the Court

OPINION

SCHWARTZ, District Judge:

Appellants brought these actions for rescission and damages, alleging that the agreement for a hot roast beef restaurant franchise offered by appellees constituted an unregistered security under the federal security laws. The District Court rendered summary judgment against appellants. We affirm.

I

Hoby’s International, Inc. was incorporated in Arizona in December, 1967, by A. J. Roberts for the purpose of engaging in the hot roast beef restaurant franchising business. Its capitalization consisted of Roberts’ contribution of $20,000.00 in equity. Subsequently,…

2Cases cited12 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. 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
  3. Siegel v. Chicken Delight, Inc.Court of Appeals for the Ninth Circuit · 1971
  4. John L. LINO, Appellant in No. 72-1672, v. CITY INVESTING CO., a Corporation, Appellant in No. 72-1673Court of Appeals for the Third Circuit · 1973
  5. Silver Hills Country Club v. SobieskiCalifornia Supreme Court · 1961

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

3Cited by25 opinions

  1. Leslie W. McCown v. James W. Heidler, Leslie W. McCown v. Joseph C. Caldwell, Defendants-Cross-AppellantsCourt of Appeals for the Tenth Circuit · 1975
  2. FARGO PARTNERS, a North Dakota Partnership, Appellant, v. DAIN CORP., AppelleeCourt of Appeals for the Eighth Circuit · 1976
  3. Meyer v. Dans un Jardin, S.A.Court of Appeals for the Tenth Circuit · 1987
  4. Smith v. GrossCourt of Appeals for the Ninth Circuit · 1979
  5. Consolo v. Hornblower & Weeks-Hemphill, Noyes, Inc.District Court, N.D. Ohio · 1976

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

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