Legal Opinion

Tma Fund, Inc., a Michigan Corporation v. James Biever and Pamela Biever

Court of Appeals for the Third Circuit

Decided July 9, 1975No. 74-2148PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

GARTH, Circuit Judge

TMA Fund, Inc., (“TMA”), a Michigan corporation, brought this action to recover monies allegedly due it under an agreement and two promissory notes executed by defendants James and Pamela Biever, residents of Pennsylvania. The defendants answered TMA’s complaint by asserting several defenses, including lack of consideration, 1 and by filing a counterclaim. Defendants’ counterclaim was filed under section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j (b), and Rule 10b-5 of the Securities and Exchange Commission, 17 C.F.R. § 240.10b-5.…

2Cases cited12 opinions

  1. Ex Parte McCardleSupreme Court of the United States · 1869
  2. Cold Metal Process Co. v. United Engineering & Foundry Co.Supreme Court of the United States · 1956
  3. Oak Construction Company v. Huron Cement CompanyCourt of Appeals for the Sixth Circuit · 1973
  4. District 65, Distributive, Processing and Office Workers Union of New York and New Jersey, Formerly Local 65 v. McKagueCourt of Appeals for the Third Circuit · 1954
  5. B. B. Adams General Contractors, Inc. v. Department of Housing and Urban Development v. James A. Pate, Modern American Mortgage CorporationCourt of Appeals for the Fifth Circuit · 1974

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3Cited by16 opinions

  1. Tilden Financial Corporation v. Palo Tire Service, Inc. v. The Burroughs Corporation. Appeal of Palo Tire Service, IncCourt of Appeals for the Third Circuit · 1979
  2. Coy E. Kirtland v. J. Ray McDermott & Co., Columbia Gulf Transmission CompanyCourt of Appeals for the Fifth Circuit · 1978
  3. Universe Tankships, Inc., as Owner of the Ss Ore Chief v. United StatesCourt of Appeals for the Third Circuit · 1975
  4. Aluminum Co. of America v. Beazer East, Inc.Court of Appeals for the Third Circuit · 1997
  5. Bank of New York v. HoytDistrict Court, D. Rhode Island · 1985

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

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