Legal Opinion

McMahan & Co. v. Wherehouse Entertainment, Inc.

Court of Appeals for the Second Circuit

Decided April 10, 1990No. 399, Docket 89-7664PublishedCited by 65 opinions

1Opinion of the Court

GEORGE C. PRATT, Circuit Judge:

Plaintiffs appeal from a judgment of the United States District Court for the Southern District of New York, Mary Johnson Lowe, Judge, dismissing their complaint that defendants made material misrepresentations and omissions in a debenture offering in violation of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j; § 11 of the Securities Act of 1933, 15 U.S.C. § 77k; and § 12(2) of the Securities Act of 1933, 15 U.S.C. § 111. Finding that the complaint “fail[ed] to allege any omission or misstatement of fact — material or otherwise — within the…

2Cases cited5 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. Luce v. EdelsteinCourt of Appeals for the Second Circuit · 1986
  3. Fed. Sec. L. Rep. P 97,319 Emily Greenapple v. The Detroit Edison CompanyCourt of Appeals for the Second Circuit · 1980
  4. Fed. Sec. L. Rep. P 94,031 Securities and Exchange Commission v. First American Bank and Trust CompanyCourt of Appeals for the First Circuit · 1973
  5. Beecher v. AbleDistrict Court, S.D. New York · 1974

3Cited by65 opinions

  1. Securities and Exchange Commission v. First Jersey Securities, Inc. And Robert E. BrennanCourt of Appeals for the First Circuit · 1996
  2. San Leandro Emergency Medical Group Profit Sharing Plan v. Philip Morris Companies, Inc.Court of Appeals for the Second Circuit · 1996
  3. Kaplan v. RoseCourt of Appeals for the Ninth Circuit · 1994
  4. In Re Livent, Inc. Noteholders Securities Litig.District Court, S.D. New York · 2001
  5. In Re Convergent Technologies Securities LitigationCourt of Appeals for the Ninth Circuit · 1991

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