Legal Opinion
Boehnen v. Walston & Co., Inc.
District Court, D. South Dakota
Decided May 4, 1973No. Civ. 71-75SPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION
NICHOL, Chief Judge.
Pursuant to Rule 56, Fed.R.Civ. P., plaintiff, Lloyd L. Boehnen, has moved for summary judgment in his suit against Walston & Co., Inc., a securities dealer, and James Nissan, its agent. Federal jurisdiction is alleged pursuant to the Securities and Exchange Act of 1934, 15 U.S.C. Secs. 78, 78aa, as amended. In addition, jurisdiction is purportedly established under 28 U.S.C. Sec. 1332, as a diversity suit. 1 Plaintiff claims this court has pendent jurisdiction over nonfederal questions arising out of the same transaction.
Boehnen’s five count complaint…
2Cases cited5 opinions
- State v. MartinSouth Dakota Supreme Court · 1971
- Doherty v. BartlettCourt of Appeals for the First Circuit · 1936
- Hofer v. General Discount CorporationSouth Dakota Supreme Court · 1971
- Lane v. GriswoldSupreme Court of North Carolina · 1968
- Doherty v. KnowltonSupreme Court of the United States · 1936
3Cited by2 opinions
- Brenner v. Oppenheimer & Co.Supreme Court of Kansas · 2002
- DuPont v. BeckerDistrict Court, D. Massachusetts · 1974