Legal Opinion
Fargo Partners v. Dain Corporation
District Court, D. North Dakota
Decided December 31, 1975No. Civ. A3-75-47PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BENSON, Chief Judge.
This is an action alleging fraud and deceit in violation of the Federal Securities Act of 1933, the Federal Securities Exchange Act of 1934, and the rules and regulations promulgated thereunder. Upon a theory of pendent jurisdiction, Plaintiff also alleges a number of violations of state law. On motion of Defendant Dain Corporation, a Rule 12(d) preliminary hearing was held on the issue of subject matter jurisdiction. The issue presented is whether the transaction described in the Complaint involved the offer and sale of a security as that term is…
2Cases cited12 opinions
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
- Tcherepnin v. KnightSupreme Court of the United States · 1967
- Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963
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3Cited by5 opinions
- FARGO PARTNERS, a North Dakota Partnership, Appellant, v. DAIN CORP., AppelleeCourt of Appeals for the Eighth Circuit · 1976
- Schultz v. Dain Corp.Court of Appeals for the Eighth Circuit · 1978
- Federal Deposit Insurance v. James T. Barry Co.District Court, E.D. Wisconsin · 1978
- Elson v. GeigerDistrict Court, E.D. Michigan · 1980
- Schultz v. Dain CorporationCourt of Appeals for the Eighth Circuit · 1978