Legal Opinion

Fed. Sec. L. Rep. P 94,496 Richard J. Sargent v. Genesco, Inc.

Court of Appeals for the Fifth Circuit

Decided May 30, 1974No. 72-3055PublishedCited by 133 opinions

1Opinion of the Court

CLARK, Circuit Judge:

The right to maintain a private action for damages under sections 10(b), 14(a) and 14(e) of the Securities Exchange Act of 1934 (Exchange Act),1 is the most important issue raised by this appeal from a final judgment dismissing on the pleadings all plaintiffs’ claims for damages against all defendants save one.2 The propriety of the district court’s denial of preliminary injunctive relief must also be considered. We affirm in part and reverse in part.

As is normal to appeals at the pleading stage, the factual background is skeletal, and the principal source of the…

2Cases cited60 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Van Dusen v. BarrackSupreme Court of the United States · 1964
  3. Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
  4. Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
  5. J. I. Case Co. v. BorakSupreme Court of the United States · 1964

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3Cited by133 opinions

  1. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  2. Huddleston v. Herman & MacLeanCourt of Appeals for the Fifth Circuit · 1981
  3. Fed. Sec. L. Rep. P 95,351 Billie Jean Woodward v. Metro Bank of DallasCourt of Appeals for the Fifth Circuit · 1975
  4. Fed. Sec. L. Rep. P 96,048 Milton E. Dupuy v. Clarence O. Dupuy, Jr.Court of Appeals for the Fifth Circuit · 1977
  5. Fed. Sec. L. Rep. P 98,033 James L. Shores, Jr., as of the Estate of Clarence E. Bishop, Jr., Etc. v. Jerald H. SklarCourt of Appeals for the Fifth Circuit · 1981

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