Legal Opinion
Birnbaum v. Newport Steel Corp.
Court of Appeals for the Second Circuit
Decided January 10, 1952No. 22172_1PublishedCited by 575 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
The appellants are stockholders of the Newport Steel Corporation who brought suit on behalf of that corporation and as the representatives of all similarly situated stockholders. The complaint alleges a violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78j (b), and Rule X-10B-5 of the Securities and Exchange Commission, 17 C.F.R. § 240.10b-5 (1949), in that use of the United States mails was resorted to by the several defendants in order to defraud the stockholders of Newport and the Corporation in the sale of certain stock owned…
2Cases cited1 opinion
- Fischman v. Raytheon Mfg. Co.Court of Appeals for the Second Circuit · 1951
3Cited by575 opinions
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- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Holmes v. Securities Investor Protection CorporationSupreme Court of the United States · 1992
- Securities & Exchange Commission v. National Securities, Inc.Supreme Court of the United States · 1969
- Merrill Lynch, Pierce, Fenner & Smith Inc. v. DabitSupreme Court of the United States · 2006
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