GROESBECK ET AL.

v.

GOLDSTEIN

Citator

Cited By (39 total)

• Morton Eisen v. Carlisle & Jacquelin & DeCoppet & Doremus, 479 F.2d 1005 (2d Cir. 1973)
  …Act, but the right of an injured party to recover damages is, according to Eisen, based upon federal common law, J. I. Case Co. v. Borak, 377 U.S. 426, 84 S.Ct. 1555, 12 L.Ed.2d 423 (1964); Baird v. Franklin, 141 F. 2d 238 (2d Cir.), cert. denied, 323 U.S. 737, 65 S.Ct. 38, 89 L.Ed. 591 (1944). Thus, if Eisen is correct and Section 6 of the Act creates a statutory -duty on the Exchange to protect members of plaintiff’s class, then these members “may sue for injuries resulting from its breach and (the) co…
• Colonial Realty Corp. v. Bache & Co., 358 F.2d 178 (2d Cir. 1966)
  …hout elaborating how, save insofar as this can be gleaned from the charges of breach of contract and of failure to use due care to protect its customer’s interests. Colonial relies largely on Baird v. Franklin, 141 F. 2d 238 (2 Cir.), cert. denied, 323 U.S. 737, 65 S.Ct. 38, 89 L.Ed. 591 (1944), in which this court recognized that culpable failure by a stock exchange to enforce rules adopted pursuant to § 6(b) of the Securities Exchange Act may give rise to a federal claim against the exchange by an invest…
• Stoneridge Inv. P'rs, LLC v. Scientific-Atlanta, Inc., 552 U.S. 148 (U.S. 2008)
  …), but many others. These included the provision, § 6(a)(1), requiring securities exchanges to enforce compliance with the Act and any rule or regulation made thereunder, see Baird v. Franklin, 141 F. 2d 238, 239, 240, 244-45 (2 Cir.), cert. denied, 323 U. S. 737 ... (1944), and provisions governing the solicitation of proxies, see J. I. Case Co. v. Borak, 377 U. S. 426, 431-35 . . . (1964). . . . Writing in 1961, Professor Loss remarked with respect to violations of the antifraud provisions that with one ex…

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