Legal Opinion

Securities & Exchange Commission v. American Capital Investments, Inc.

Court of Appeals for the Ninth Circuit

Decided October 22, 1996No. Nos. 95-55193, 95-55283, 95-55872 and 95-55878PublishedCited by 1 opinion

1Opinion of the Court

OPINION TASHIMA, Circuit Judge:

These cases consist of four consolidated appeals from orders of the district court in a receivership proceeding which was part of a Securities and Exchange Commission (“SEC”) civil enforcement action. These appeals stem from the efforts of appellants, defrauded investors (“Investors”) of American Capital Investments, Inc. (“ACI”), to upset a judicial sale of ACI-owned real property by appellee Richard G. Shaffer (“Shaffer”), the court-appointed receiver for ACI (“Receiver”). The appeals are from orders: (1) confirming the sale (“Sale Order”); (2) refusing to set…

2Cases cited27 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Shaffer v. HeitnerSupreme Court of the United States · 1977
  3. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  4. United States Ex Rel. Robinson Rancheria Citizens Council v. Borneo, Inc. Clear Lake Indian Bingo Ltd. American Arbitration Association Herman SchnerCourt of Appeals for the Ninth Circuit · 1992
  5. O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994

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3Cited by1 opinion

  1. 96 Cal. Daily Op. Serv. 7764, 96 Daily Journal D.A.R. 12,831 Securities and Exchange Commission v. American Capital Investments, Inc. Stephen J. Murphy Kenneth A. Sorensen Richard D. Otto Adfin Corporation Einhorn & Edgerton, and John P. Shelton Aci Investors Protective Association, and Approximately 127 Aci (American Capital Investments) Investors, Richard G. Shaffer, United States Securities and Exchange Commission v. American Capital Investments, Inc. John P. Shelton Aci Investors Protective Association, and Approximately 127 Aci (American Capital Investments) Investors, Richard G. Shaffer, and Stephen J. Murphy Kenneth A. Sorensen Richard D. Otto Adfin Corporation, Securities and Exchange Commission v. American Capital Investments, Inc., John Shelton Aci Investors Protective Association and Approximately 156 Aci Investors v. Richard G. Shaffer, Court Appointed Receiver for American Capital Investments, Inc., Securities and Exchange Commission, and John P. Shelton, Esq. Approximately 156 Aci Investors Aci Investors Protective Association v. American Capital Investments, Inc., and Richard G. Shaffer, Court Appointed Receiver for American Capital Investments, Inc.Court of Appeals for the Ninth Circuit · 1996

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