Legal Opinion

Kenneth Foss, Administrator of the Estate of Vincent P. Koth v. Bear, Stearns & Co., Inc., and Patrick Delahanty O'Meara

Court of Appeals for the Seventh Circuit

Decided January 11, 2005No. 04-2514PublishedCited by 65 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

Arthur McDonnell became administrator of Vincent P. Koth’s estate in May 1998. Discovering that Koth kept some securities in safe deposit boxes, so that they did not appear in any of his brokerage statements, McDonnell concealed them from the probate court, Koth’s heirs, and the tax collector. He set up a corporation and asked his son-in-law Patrick O’Meara to transfer the securities to its ownership. O’Meara, an account executive of Bear, Stearns & Co., did just that. McDonnell withdrew the money for his own use: We must assume, given the posture of the case, that…

2Cases cited18 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A.Supreme Court of the United States · 1994
  3. Santa Fe Industries, Inc. v. GreenSupreme Court of the United States · 1977
  4. Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSupreme Court of the United States · 1991
  5. Chiarella v. United StatesSupreme Court of the United States · 1980

13 more not listed; retrieve them via the Exa API.

3Cited by65 opinions

  1. Tello v. Dean Witter Reynolds, Inc.Court of Appeals for the Eleventh Circuit · 2005
  2. Middleton v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2009
  3. ABN AMRO, Inc. v. Capital International Ltd.District Court, N.D. Illinois · 2008
  4. McCann v. Hy-Vee, Inc.Court of Appeals for the Seventh Circuit · 2011
  5. Margolies v. DeasonCourt of Appeals for the Fifth Circuit · 2006

60 more not listed; retrieve them via the Exa API.

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