Legal Opinion

Securities & Exchange Commission v. W. J. Howey Co.

Court of Appeals for the Fifth Circuit

Decided November 13, 1945No. 11421PublishedCited by 11 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

The suit against W. J. Howey Company 1 and Howey-In-The-Hills Service, Inc. 2 was for an injunction under Section 20(b) of the Securities Act of 1933. 3 The claim in general was that the defendants, without filing with the Securities and Exchange Commission a registration statement with respect thereto, 'have been, and are now, using the mails and interstate commerce to sell securities, to-wit, investment contracts, 4 evidenced by warranty deeds and development contracts given in connection with, and as a part of, the sale of citrus groves in violation of Section…

2Cases cited1 opinion

  1. Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943

3Cited by11 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. Fed. Sec. L. Rep. P 94,710 Securities and Exchange Commission v. Koscot Interplanetary, Inc.Court of Appeals for the Fifth Circuit · 1974
  3. Savino v. EF Hutton & Co., Inc.District Court, S.D. New York · 1981
  4. Cameron v. Outdoor Resorts of America, Inc.Court of Appeals for the Fifth Circuit · 1979
  5. Maheu v. Reynolds & Co.District Court, S.D. New York · 1968

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