Legal Opinion
Blackwell v. Bentsen
Court of Appeals for the Fifth Circuit
Decided July 27, 1953No. 14127PublishedCited by 44 opinions
1Opinion of the Court
STRUM, Circuit Judge.
The basic question presented by this appeal is whether or not the district court erred in dismissing the complaint for lack of federal jurisdiction. This in turn involves two constituent questions: (1) Do the transactions described in the complaint constitute “investment contracts” as contemplated by section 2(1) of the Securities Act of 1933, 15 U.S.C.A. § 77b(1); and (2) • Does the use of the mails in consummating these transactions entitle plaintiffs to relief under section 12(2) of said Act, 15 U.S.C.A. § 771(2). The district judge answered both these questions…
2Cases cited20 opinions
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
- State v. Gopher Tire & Rubber Co.Supreme Court of Minnesota · 1920
- Schillner v. H. Vaughan Clarke & Co.Court of Appeals for the Second Circuit · 1943
- Securities & Exchange Commission v. Universal Service Ass'nCourt of Appeals for the Seventh Circuit · 1939
15 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Fed. Sec. L. Rep. P 94,710 Securities and Exchange Commission v. Koscot Interplanetary, Inc.Court of Appeals for the Fifth Circuit · 1974
- D. H. Roe and Stratoray Oil, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1961
- Fed. Sec. L. Rep. P 94,724 Securities and Exchange Commission v. Continental Commodities CorporationCourt of Appeals for the Fifth Circuit · 1974
- Fed. Sec. L. Rep. P 96,167 William F. Hirk v. Agri-Research Council, Inc., John Burlington, and Glenn AndersenCourt of Appeals for the Seventh Circuit · 1977
- Ingenito v. Bermec CorporationDistrict Court, S.D. New York · 1974
39 more not listed; retrieve them via the Exa API.