Legal Opinion
Movielab, Inc. v. Berkey Photo, Inc.
District Court, S.D. New York
Decided December 23, 1970No. 70 Civ. 3800PublishedCited by 29 opinions
1Opinion of the Court
MANSFIELD, District Judge.
In this suit by a maker of promissory notes (“Movielab”) against the payees (“Berkey”) alleging fraud in violation of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and SEC Rule 10b-5 thereunder, and seeking damages and rescission, defendants Berkey have moved pursuant to Rule 12, F. R.Civ.P., for dismissal of the complaint for lack of jurisdiction, or, in the alternative, for a stay of this action pending determination of another suit between the parties in the Supreme Court of the State of New York for New York County. For the reasons stated…
2Cases cited27 opinions
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- Tcherepnin v. KnightSupreme Court of the United States · 1967
- McClellan v. CarlandSupreme Court of the United States · 1910
- Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
22 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Fed. Sec. L. Rep. P 95,614 the Exchange National Bank of Chicago v. Touche Ross & Co.Court of Appeals for the Second Circuit · 1976
- Levy v. LewisCourt of Appeals for the Second Circuit · 1980
- IIT v. Vencap, Ltd.Court of Appeals for the Second Circuit · 1975
- John L. LINO, Appellant in No. 72-1672, v. CITY INVESTING CO., a Corporation, Appellant in No. 72-1673Court of Appeals for the Third Circuit · 1973
- Ingenito v. Bermec CorporationDistrict Court, S.D. New York · 1974
24 more not listed; retrieve them via the Exa API.