Legal Opinion
Securities & Exchange Commission v. Fifth Avenue Coach Lines, Inc.
Court of Appeals for the Second Circuit
Decided December 8, 1970No. Nos. 137-140, Dockets 33119-33122PublishedCited by 4 opinions
1Opinion of the Court
ADAMS, Circuit Judge:
This appeal raises important questions regarding the application of the Investment Company Act of 1940 (“the 1940 Act”), 15 U.S.C. § 80a-l et seq. As we view the case, the central issue is whether Fifth Avenue Coach Lines, Inc. (“Fifth”) had become an investment company within the meaning of § 3(a) (l)1 of the 1940 Act (15 U.S.C. § 80a-3 *512(a) (1)) by June 30, 1967. Also presented is the question whether an injunction prohibiting further violations of § 10(b) of the Securities Exchange Act of 1934 (“the 1934 Act”), 15 U.S.C. § 78j(b), is justified against the defendants,…
2Cases cited9 opinions
- Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963
- United States & Interstate Commerce Commission v. American Railway Express Co.Supreme Court of the United States · 1924
- Fed. Sec. L. Rep. P 92,714 Edwin J. Herpich v. Robert H. Wallace, Jack E. LoveCourt of Appeals for the Fifth Circuit · 1970
- Schoenbaum v. FirstbrookCourt of Appeals for the Second Circuit · 1968
- Morley Construction Co. v. Maryland Casualty Co.Supreme Court of the United States · 1937
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Glen R. Hadfield v. Ryan Equipment CompanyCourt of Appeals for the Eighth Circuit · 1972
- Securities and Exchange Commission v. Crofters, Inc.District Court, S.D. Ohio · 1972
- Rachelle Laboratories, Inc. v. United StatesUnited States Customs Court · 1973
- Securities And Exchange Commission v. Fifth Avenue Coach Lines, Inc.Court of Appeals for the Second Circuit · 1970