Legal Opinion
Athas v. Day
District Court, D. Colorado
Decided May 9, 1958No. Civ. 5394PublishedCited by 27 opinions
1Opinion of the Court
ARRAJ, District Judge.
Plaintiff’s Third Amended Complaint alleges six causes of action. The first four are stated as class actions under Rule 23(a) (3), F.R.C.P., 28 U.S.C.A., and allege violations of 15 U.S.C.A. Secs. 77e and 77l, which provide for private causes of action where securities are sold without proper registration or by use of untrue statements. The last two are individual actions by the named plaintiffs alleging fraud. Defendant filed a Motion to Dismiss and, on argument, claimed that (1) there was no cause of action under the SEC Act for untrue statements that were not in…
2Cases cited5 opinions
- Schillner v. H. Vaughan Clarke & Co.Court of Appeals for the Second Circuit · 1943
- Gossard v. GossardCourt of Appeals for the Tenth Circuit · 1945
- Gideon J. Rohner, Jr. v. Union Pacific Railroad Company, a Utah CorporationCourt of Appeals for the Tenth Circuit · 1955
- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. DeckertCourt of Appeals for the Third Circuit · 1941
- Panhandle Eastern Pipe Line Co. v. ParishCourt of Appeals for the Tenth Circuit · 1948
3Cited by27 opinions
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- The Johns Hopkins University v. William E. HuttonCourt of Appeals for the Fourth Circuit · 1970
- Minnesota v. United States Steel Corp.District Court, D. Minnesota · 1968
- Union Carbide & Carbon Corp. v. NisleyCourt of Appeals for the Tenth Circuit · 1961
- Johns Hopkins University v. HuttonDistrict Court, D. Maryland · 1968
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