Legal Opinion
Estate Counseling Service, Inc., a Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, a Corporation
Court of Appeals for the Tenth Circuit
Decided April 9, 1962No. 6769PublishedCited by 97 opinions
1Opinion of the Court
HILL, Circuit Judge.
This action was brought in the court below by appellant, as plaintiff, 1 to recover damages for alleged fraud, breach of fiduciary duties in violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78j (b) and Rule X-10B-5 promulgated thereunder. The suit resulted from a transaction involving the purchase of corporate common stock by the plaintiff, through the defendant as a broker. The appellee, defendant and third-party plaintiff below, 2 answered, denying fraud or breach of fiduciary relationship in the transaction, raised certain affirmative…
2Cases cited32 opinions
- Southern Pacific Co. v. BogertSupreme Court of the United States · 1919
- Smith v. BollesSupreme Court of the United States · 1889
- Friederichsen v. RenardSupreme Court of the United States · 1918
- Shappirio v. GoldbergSupreme Court of the United States · 1904
- Sigafus v. PorterSupreme Court of the United States · 1900
27 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Blackie v. BarrackCourt of Appeals for the Ninth Circuit · 1975
- Howard Wool v. Tandem Computers Incorporated, Robert C. Marshall, Henry v. Morgan, and James G. TreybigCourt of Appeals for the Ninth Circuit · 1987
- Esplin v. HirschiCourt of Appeals for the Tenth Circuit · 1968
- Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
92 more not listed; retrieve them via the Exa API.