Legal Opinion
Fed. Sec. L. Rep. P 96,789 Kin-Ark Corporation, a Delaware Corporation v. W. M. (Pat) Boyles
Court of Appeals for the Tenth Circuit
Decided March 26, 1979No. 77-1457PublishedCited by 4 opinions
1Opinion of the Court
BREITENSTEIN, Circuit Judge.
The appeal in this diversity case presents two issues: (1) whether a promissory note is usurious under Texas law, and (2) whether misrepresentations and omissions in a stock-for-assets transaction violated § 10(b) of the Securities Exchange Act, 15 U.S.C. § 78j(b) and Rule 10b-5 of the Securities Exchange Commission, 17 C.F.R. § 240.10b(5). The district court, after a non-jury trial, held that the note was not usurious and that no securities violation occurred. We reverse on the usury issue and affirm on the securities issue.
Plaintiff-appellee Kin-Ark Corporation…
2Cases cited21 opinions
- TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Securities & Exchange Commission v. National Securities, Inc.Supreme Court of the United States · 1969
- Knute Swanson v. American Consumer Industries, Inc., United States Cold Storage Corporation and Peoria Service CompanyCourt of Appeals for the Seventh Circuit · 1969
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3Cited by4 opinions
- In Re General American Communications Corp.United States Bankruptcy Court, S.D. New York · 1986
- Bamburg v. LavigneLouisiana Court of Appeal · 1981
- Maulsby v. MagnusonNew Mexico Supreme Court · 1988
- Indian Springs State Bank v. Kelley's Auto Supply, Inc.Court of Appeals of Kansas · 1984