Legal Opinion

Investors Research Corporation and James E. Stowers v. Securities and Exchange Commission, Richard H. Driehaus v. Securities and Exchange Commission

Court of Appeals for the D.C. Circuit

Decided October 20, 1980No. 78-1589, 78-1597PublishedCited by 53 opinions

1Opinion of the Court

BAZELON, Senior Circuit Judge:

Petitioners Investors Research Corporation (“Investors Research”), James Stowers, and Richard Driehaus seek review of a Securities and Exchange Commission order censuring them for violating section 17(e)(1) of the Investment Company Act of 1940. 1 We affirm the Commission’s order as to petitioners Stowers and Investors Research, but as to petitioner Driehaus, who was found liable for aiding and abetting the principal violation, we vacate the Commission’s order and remand for further consideration of the question of scienter.

I. BACKGROUND

A. The Facts.

The…

2Cases cited18 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963
  3. Landy v. Federal Deposit InsuranceSupreme Court of the United States · 1974
  4. Fed. Sec. L. Rep. P 95,351 Billie Jean Woodward v. Metro Bank of DallasCourt of Appeals for the Fifth Circuit · 1975
  5. Landry v. Federal Deposit Insurance CorporationCourt of Appeals for the Third Circuit · 1973

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3Cited by53 opinions

  1. Halberstam v. WelchCourt of Appeals for the D.C. Circuit · 1983
  2. Halberstam v. WelchCourt of Appeals for the D.C. Circuit · 1983
  3. Fed. Sec. L. Rep. P 92,021 Securities and Exchange Commission v. Larry D. Blavin, D/B/A Providence Investment AdvisoryCourt of Appeals for the Sixth Circuit · 1985
  4. Securities and Exchange Commission v. Paul A. BilzerianCourt of Appeals for the D.C. Circuit · 1994
  5. Fed. Sec. L. Rep. P 99,010 Fred H. Harmsen v. C. Arnholt SmithCourt of Appeals for the Ninth Circuit · 1982

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

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