Legal Opinion
Gilligan, Will & Co., a Partnership, and James Gilligan and William Will v. Securities and Exchange Commission
Court of Appeals for the Second Circuit
Decided June 3, 1959No. 25171_1PublishedCited by 122 opinions
1Opinion of the Court
LUMBARD, Circuit Judge.
The question for decision is whether Gilligan, Will & Co. and its partners, James Gilligan and William Will, were underwriters with respect to the distribution of Crowell-Collier Publishing Company securities and as such wilfully violated the Securities Act of 1933, as amended, 15 U.S.C.A. § 77a et seq., by acquiring and distributing debentures and common stock which were not registered. For reasons which are discussed below, this question turns on whether the issue was a “public offering” as those words are used in the Act, 15 U.S.C.A. § 77d.
For their activities with…
2Cases cited4 opinions
- American Power & Light Co. v. Securities & Exchange CommissionSupreme Court of the United States · 1946
- Securities & Exchange Commission v. Ralston Purina Co.Supreme Court of the United States · 1953
- A. C. Frost & Co. v. Coeur D'Alene Mines Corp.Supreme Court of the United States · 1941
- Hughes v. Securities and Exchange CommissionCourt of Appeals for the D.C. Circuit · 1949
3Cited by122 opinions
- Fed. Sec. L. Rep. P 97,588 Securities and Exchange Commission v. Stephen MurphyCourt of Appeals for the Ninth Circuit · 1980
- Association of National Advertisers, Inc. v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 1980
- United States v. CrosbyCourt of Appeals for the Second Circuit · 1961
- Cinderella Career and Finishing Schools, Inc., Stephen Corporation, Vincent Melzac v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 1970
- United Steelworkers of America v. MarshallCourt of Appeals for the D.C. Circuit · 1980
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