Legal Opinion
Brodt v. Bache & Co.
Court of Appeals for the Ninth Circuit
Decided November 13, 1978No. 76-1763PublishedCited by 41 opinions
1Opinion of the Court
KELLEHER, District Judge.
This case presents a question of whether a discretionary commodities trading account is an investment contract and therefore a security within the meaning of and subject to the registration requirements of the Securities Act of 1933, 15 U.S.C. § 77a, et seq. The District Court held that such an account was not an investment contract. We affirm.
During 1974 appellee Bergman, a registered representative of appellee Bache & Co., a national brokerage house, solicited appellants to open a commodities trading account. Although appellants knew little about the commodities…
2Cases cited11 opinions
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
- 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
- Fed. Sec. L. Rep. P 94,710 Securities and Exchange Commission v. Koscot Interplanetary, Inc.Court of Appeals for the Fifth Circuit · 1974
- Fed. Sec. L. Rep. P 95,468 Ernest C. Hector v. Herman Wiens, Individually and Dba Wiens Feed LotCourt of Appeals for the Ninth Circuit · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Savino v. EF Hutton & Co., Inc.District Court, S.D. New York · 1981
- In Re Energy Systems Equipment Leasing Securities LitigationDistrict Court, E.D. New York · 1986
- In Re National Mortgage Equity Corp. Mortgage Pool Certificates Securities LitigationDistrict Court, C.D. California · 1986
- Jim Long v. Shultz Cattle Company, Incorporated, an Oklahoma Corporation, and William B. ShultzCourt of Appeals for the Fifth Circuit · 1989
- De Wit v. Firstar Corp.District Court, N.D. Iowa · 1995
36 more not listed; retrieve them via the Exa API.