Legal Opinion
Fed. Sec. L. Rep. P 98,639 Dale Hackbart and Holmes Tire of Denver, Inc., a Colorado Corporation, by Dale Hackbart as Shareholder v. James F. Holmes
Court of Appeals for the Tenth Circuit
Decided April 19, 1982No. 80-1368PublishedCited by 79 opinions
1Opinion of the Court
LOGAN, Circuit Judge.
In this Rule 10b-5 securities fraud action, defendant James F. Holmes appeals the trial court’s decision that in selling to plaintiff Dale Hackbart preferred stock in their two-owner tire sales company, Holmes acted recklessly by failing to ensure that Hackbart understood the preferred stock would not share in the growth of the corporation unless and until Holmes permitted it to be converted to common stock. The trial court found this duty to assure Hackbart’s understanding arose for three reasons: (1) because Holmes had previously promised Hackbart an equal, or nearly…
2Cases cited25 opinions
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- Blackie v. BarrackCourt of Appeals for the Ninth Circuit · 1975
- Fed. Sec. L. Rep. P 95,887 Sundstrand Corporation v. Sun Chemical CorporationCourt of Appeals for the Seventh Circuit · 1977
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3Cited by79 opinions
- Bryant v. Avado Brands, Inc.Court of Appeals for the Eleventh Circuit · 1999
- Greebel v. FTP Software, Inc.Court of Appeals for the First Circuit · 1999
- Kay Hollinger Richard Llewelyn Jones Edward E. Nissen Judy D'Arcy K-Judy, Ltd. v. Titan Capital Corp. Emil Wilkowski Painter Financial Group, Ltd.Court of Appeals for the Ninth Circuit · 1990
- Nathenson v. Zonagen Inc.Court of Appeals for the Fifth Circuit · 2001
- Makor Issues & Rights, Ltd. v. Tellabs, Inc.Court of Appeals for the Seventh Circuit · 2006
74 more not listed; retrieve them via the Exa API.