Legal Opinion

Speed v. Transamerica Corporation

District Court, D. Delaware

Decided May 9, 1947No. Civil Action 480PublishedCited by 23 opinions

1Opinion of the Court

LEAHY, District Judge.

The first count of the complaint is based on a common law action of fraud and deceit. Judgment for defendant will be had on this count in accordance with my decision in the Geller case.

Counts 2, 3 and 4 charge that in acquiring the stock of public security holders (plaintiff is one), defendant as an insider did not make disclosure of facts materially affecting the value of such stock; and hence defendant has violated § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78j (b), and Rule X-10B-5 promulgated thereunder. Defendant contends that the Act gives no…

2Cases cited3 opinions

  1. Kardon v. National Gypsum Co.District Court, E.D. Pennsylvania · 1946
  2. Geller v. Transamerica Corp.District Court, D. Delaware · 1945
  3. Downing v. HowardDistrict Court, D. Delaware · 1946

3Cited by23 opinions

  1. Fratt v. RobinsonCourt of Appeals for the Ninth Circuit · 1953
  2. Speed v. Transamerica Corp.District Court, D. Delaware · 1951
  3. Tobacco & Allied Stocks, Inc. v. Transamerica Corp.District Court, D. Delaware · 1956
  4. Cochran v. Channing CorporationDistrict Court, S.D. New York · 1962
  5. Osborne v. MalloryDistrict Court, S.D. New York · 1949

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