Legal Opinion
Fed. Sec. L. Rep. P 93,768 Kurt L. Stier and Kurt L. Stier, Trustee for General Pools Corporation Profit Sharing Trust v. Floyd Smith
Court of Appeals for the Fifth Circuit
Decided February 9, 1973No. 72-1729PublishedCited by 29 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
In this action under Rule X-lOb-5, 1 the Plaintiff-appellant complains that he was fraudulently induced to buy stock in Mickey Mantle’s Country Cookin’, Inc. The stock is now worthless. The trial Judge found that Plaintiff’s claim of misrepresentations by the Defendant was not supported by credible evidence and Plaintiff does not challenge this finding on appeal. The sins of the Defendant against Rule 10b-5 which are before the Court on appeal are ones of omission rather than commission. The trial Judge specifically found that there, were 14 facts which the…
2Cases cited5 opinions
- Fed. Sec. L. Rep. P 93,213 Hill York Corporation v. American International Franchises, Inc., Gurn H. FreemanCourt of Appeals for the Fifth Circuit · 1971
- List v. Fashion Park, Inc.Court of Appeals for the Second Circuit · 1965
- Manuel M. Ellis v. Victor Carter, Etc.Court of Appeals for the Ninth Circuit · 1961
- David B. Dale v. Henry P. Rosenfeld, Doing Business Under the Firm Name and Style of Henry P. Rosenfeld Co., Samson Wallach and Abraham S. GechtmanCourt of Appeals for the Second Circuit · 1956
- Hughes v. Securities and Exchange CommissionCourt of Appeals for the D.C. Circuit · 1949
3Cited by29 opinions
- Fed. Sec. L. Rep. P 96,048 Milton E. Dupuy v. Clarence O. Dupuy, Jr.Court of Appeals for the Fifth Circuit · 1977
- Fed. Sec. L. Rep. P 95,623 Eckart R. Straub v. Vaisman and Company, Inc., a New Jersey CorporationCourt of Appeals for the Third Circuit · 1976
- Banc One Capital Partners Corp. v. KneipperCourt of Appeals for the Fifth Circuit · 1995
- Fed. Sec. L. Rep. P 95,042 Titan Group, Inc. v. Harold FaggenCourt of Appeals for the Second Circuit · 1975
- Fed. Sec. L. Rep. P 94,086 Nor-Tex Agencies, Inc., and W. E. Riley v. Richard M. Jones, Charles Owen and Continental National Bank of Fort WorthCourt of Appeals for the Fifth Circuit · 1973
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