BENTSEN ET AL.

v.

BLACKWELL ET AL.

Citator

Cited By

• ROE v. United States, 287 F.2d 435 (5th Cir. 1961)
  …a mere “offering [of] naked leasehold rights,” 320 U.S. at page 348, 64 S.Ct. at page 122, or, in a different situation, the mere fee ownership of a piece of land, Blackwell v. Bentsen, 5 Cir., 1953, 203 F. 2d 690, certiorari dismissed 347 U.S. 925, 74 S.Ct. 528, 98 L.Ed. 1078. Regarded as relevant and sufficient by Joiner were these factors. The “economic inducements of the proposed and promised exploration well”; submitting a proposition to prospects to sell them “documents which offered the purchaser a c…
• Sec. & Exch. Comm'n v. Koscot Interplanetary, Inc., 497 F.2d 473 (5th Cir. 1974)
  …definition comports with the standard applied by the Supreme Court and this Circuit is witnessed by an examination of the reasoning employed in Howey, supra, and in Blackwell v. Bentsen, 203 F. 2d 690 (5th Cir. 1953), cert. dismissed, 347 U.S. 925, 74 S.Ct. 528, 98 L.Ed. 1078 (1954). In Howey, the Court of Appeals had concluded that an investment contract did not exist where the management and cultivation of citrus acreage was entrusted to the promoter, with the rate of the investor’s return to be measured…
• Sec. & Exch. Comm'n v. Cont'l Commodities Corp., 497 F.2d 516 (5th Cir. 1974)
  …y, Inc., supra at 479. This language expressly rejects the proposition that the pro-rata sharing of profits is critical to a finding of commonality, accord, Blackwell v. Bentsen, 203 F. 2d 690, 691-692 (5th Cir. 1953), cert. dismissed, 347 U.S. 925, 74 S.Ct. 528, 98 L.Ed. 1078 (1954); SEC v. Glen W. Turner, Inc., supra at 482; Marshall v. Lamson Bros. & Co., 368 F.Supp. 486, 489 (S.D.Iowa 1974); Maheu v. Reynolds & Co., 282 F.Supp. 423, 429 (S.D.N.Y.1967),12 and easts aspersions on the elevation of a poolin…