Legal Opinion

Fed. Sec. L. Rep. P 94,475 Mary F. El Khadem v. Equity Securities Corporation, a Corporation

Court of Appeals for the Ninth Circuit

Decided March 20, 1974No. 72-1380PublishedCited by 52 opinions

1Opinion of the Court

OPINION

EUGENE A. WRIGHT, Circuit Judge:

This is an action to recover damages for alleged violations of the Securities Act of 1933, the Securities Exchange Act of 1934, and state law. Defendants moved to dismiss, claiming that the case does not involve the purchase or sale of a “security” and therefore neither the Securities Act nor the Securities Exchange Act confer jurisdiction on the district court. 1 The district court held that the case does involve the sale of a security and denied the motion to dismiss. Appellants appeal, 2 and we affirm.

I

BACKGROUND

Defendant Equity Securities Corporation…

2Cases cited5 opinions

  1. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  2. Tcherepnin v. KnightSupreme Court of the United States · 1967
  3. Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
  4. Fed. Sec. L. Rep. P 93,748 Securities and Exchange Commission v. Glenn W. Turner Enterprises, Inc.Court of Appeals for the Ninth Circuit · 1973
  5. Los Angeles Trust Deed * Mortgage Exchange v. Securities And Exchange CommissionCourt of Appeals for the Ninth Circuit · 1961

3Cited by52 opinions

  1. United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
  2. Fed. Sec. L. Rep. P 95,351 Billie Jean Woodward v. Metro Bank of DallasCourt of Appeals for the Fifth Circuit · 1975
  3. Fed. Sec. L. Rep. P 95,468 Ernest C. Hector v. Herman Wiens, Individually and Dba Wiens Feed LotCourt of Appeals for the Ninth Circuit · 1976
  4. United States Securities & Exchange Commission v. Infinity Group Co.Court of Appeals for the Third Circuit · 2000
  5. Fed. Sec. L. Rep. P 95,494 Great Western Bank & Trust v. Sol KotzCourt of Appeals for the Ninth Circuit · 1976

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