Legal Opinion
Fed. Sec. L. Rep. P 95,844 William H. Doran, Jr. v. Petroleum Management Corp., Morton A. Sterling and O. W. Fauntleroy
Court of Appeals for the Fifth Circuit
Decided March 4, 1977No. 74-3972PublishedCited by 55 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
In this case a sophisticated investor who purchased a limited partnership interest in an oil drilling venture seeks to rescind. The question raised is whether the sale was part of a private offering exempted by § 4(2) of the Securities Act of 1933, 15 U.S.C. § 77d(2) (1970), from the registration requirements of that Act. See Securities Act of 1933, §§ 5,12(1), 15 U.S.C. §§ lie, 11 1 (l). 1 We hold that in the absence of findings of fact that each offeree had been furnished information about the issuer that a registration statement would have disclosed or that each…
2Cases cited17 opinions
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- 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
- Fed. Sec. L. Rep. P 93,213 Hill York Corporation v. American International Franchises, Inc., Gurn H. FreemanCourt of Appeals for the Fifth Circuit · 1971
- Gilligan, Will & Co., a Partnership, and James Gilligan and William Will v. Securities and Exchange CommissionCourt of Appeals for the Second Circuit · 1959
12 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Fed. Sec. L. Rep. P 97,588 Securities and Exchange Commission v. Stephen MurphyCourt of Appeals for the Ninth Circuit · 1980
- Fed. Sec. L. Rep. P 96,366 Benjamin A. Cook v. Avien, Inc., James F. Pritchard, Benjamin A. Cook v. Avien, Inc.Court of Appeals for the First Circuit · 1978
- Fed. Sec. L. Rep. P 97,301 Securities and Exchange Commission v. Spence & Green Chemical Company and Andrew Spence, Sr.Court of Appeals for the Fifth Circuit · 1980
- Fed. Sec. L. Rep. P 98,249 Homer E. Stephenson and Freda Lois Stephenson, His Wife v. Calpine Conifers Ii, Ltd., a Limited PartnershipCourt of Appeals for the Ninth Circuit · 1981
- Fed. Sec. L. Rep. P 97,709 United States of America v. Christopher Arutunoff, United States of America v. Steven J. Devries, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1993
50 more not listed; retrieve them via the Exa API.