Legal Opinion

Pfeffer v. Cressaty

District Court, S.D. New York

Decided October 9, 1963PublishedCited by 23 opinions

1Opinion of the Court

McLEAN, District Judge.

Defendants move under Rule 12(b) to 'dismiss the complaint on the grounds that it fails to state a claim and that this court lacks jurisdiction of the subject matter and of the person of defendants. The action is one to recover damages for alleged fraud in the sale of securities. 'The complaint alleges in substance that ■defendant Cressaty, acting on behalf of ■the other defendants, pursuant to a conspiracy among them, and by use of interstate communication and the mails, •sold to plaintiffs certain stock of Inventions Finance Corporation by means of false statements of…

2Cases cited5 opinions

  1. Wilko v. SwanSupreme Court of the United States · 1953
  2. Deckert v. Independence Shares Corp.Supreme Court of the United States · 1940
  3. Fischman v. Raytheon Mfg. Co.Court of Appeals for the Second Circuit · 1951
  4. Osborne v. MalloryDistrict Court, S.D. New York · 1949
  5. Thiele v. ShieldsDistrict Court, S.D. New York · 1955

3Cited by23 opinions

  1. duPont v. WylyDistrict Court, D. Delaware · 1973
  2. Fed. Sec. L. Rep. P 95,208 Myron Harris v. American Investment CompanyCourt of Appeals for the Eighth Circuit · 1975
  3. Dorfman v. First Boston CorporationDistrict Court, E.D. Pennsylvania · 1972
  4. Johns Hopkins University v. HuttonDistrict Court, D. Maryland · 1968
  5. Wigand v. Flo-Tek, Inc.Court of Appeals for the Second Circuit · 1979

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