PORTFOLIO
v.
UNITED STATES

U.S. | 1954-10-14
No. 187
348 U.S. 827 Supreme Court of the United States (1954) Caution
Cited by 18 cases

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Cited By (17 total)

  • …tive abuse that the statute was designed to prevent. By far the greater weight of authority is to the effect that a “pragmatic” approach to § 16 (b) will best serve the statutory goals. See, e. g., Roberts v. Eaton, 212 F. 2d 82 (CA2), cert, denied, 348 U. S. 827 (1954) ; Ferraiolo v. Newman, 259 F. 2d 342 (CA6 1958), cert, denied, 359 U. S. 927 (1959); Blau v. Max Factor & Co., 342 F. 2d 304 (CA9), cert, denied, 382 U. S. 892 (1965); Blau v. Lamb, supra; Petteys v. Butler, 367 F. 2d 528 (CA8 1966), cert, de…
  • Ferraiolo v. Newman, 259 F.2d 342 (6th Cir. 1958)
    …au v. Ogsbury, 2 Cir., 1954, 210 F. 2d 426; Blau v. Mission Corporation, D.C., 113 F.Supp. 153; 2 Cir., 212 F. 2d 77, certiorari denied 1954, 347 U.S. 1016, 74 S.Ct. 872, 98 L.Ed. 1138; Roberts v. Eaton, 2 Cir., 212 F. 2d 82, certiorari denied 1954, 348 U.S. 827, 75 S.Ct. 44, 99 L.Ed. 652 The standard that emerges from these decisions can be simply stated; Every transaction which can reasonably be defined as a purchase will be so defined, if the transaction is of a kind which can possibly- lend itself to t…
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  • Abrams v. Occidental Petroleum Corp., 450 F.2d 157 (2d Cir. 1971)
    …sed their option to convert; they did afterward. Therefore they acquired the stock, within the meaning of the Act. However, that mechanistic view did not long persist even in our own court, see Roberts v. Eaton, 212 F. 2d 82 (2 Cir.), cert, denied, 348 U.S. 827, 75 S.Ct. 44, 99 L.Ed. 652 (1954). A revolt against it elsewhere was begun by the opinion of Judge Stewart (as he then was) in Ferraiolo v. Newman, 259 F. 2d 342, 346 (6 Cir. 1958), cert, denied, 359 U.S. 927, 79 S.Ct. 606, 3 L.Ed.2d 629 (1959), whi…

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