HOSIE

v.

CHICAGO & NORTH WESTERN RAILWAY CO.

Citator

Cited By (73 total)

• Sec. & Exch. Comm'n v. Tex. Gulf Sulphur Co., 401 F.2d 833 (2d Cir. 1968)
  …n fact, the model therefor, see Birnbaum v. Newport Steel Corp., 193 F. 2d 461, 463 (2 Cir.), cert. denied, 343 U.S. 956, 72 S.Ct. 1051, 96 L.Ed. 1356 (1952); Hooper v. Mountain States Sec. Corp., 282 F. 2d 195, 201 n. 4 (5 Cir. 1960), cert. denied, 365 U.S. 814, 81 S.Ct. 695, 5 L.Ed.2d 693 (1961), apply criminal penalties to sellers only (Rule 10b-5 was promulgated to fill this gap in enforcement, SEC Ann.Rep. 10 (1942)), and have been read, upon close scrutiny of their legislative history, as not requirin…
• Vine v. Beneficial Fin. Co., Inc., 374 F.2d 627 (2d Cir. 1967)
  …n for rehearing), appeal pending, 7th Cir. We find no other case squarely in point, although Ruckle v. Roto American Corp., 339 F. 2d 24 (2d Cir. 1964), and Hooper v. Mountain States Sec. Corp., 282 F. 2d 195, 202-203 (5th Cir. 1960), cert. denied, 365 U.S. 814, 81 S.Ct. 695, 5 L.Ed.2d 693 (1961) (“otherwise dispose of”), both indicate receptivity on different facts to a broad construction of “sale” under the Act and Rule.7 Although other cases are cited to us by appellees, none of them in fact is controll…
• Schoenbaum v. Bradshaw D. Firstbrook, 405 F.2d 215 (2d Cir. 1968)
  …tive action for damages to the corporation suffered by reason of a violation of Section 10(b) and Rule 10b-5. Ruckle v. Roto Amer. Corp., 339 F. 2d 24 (2d Cir. 1964); Hooper v. Mountain States Sec. Corp., 282 F. 2d 195 (5th Cir. 1960), cert. denied, 365 U.S. 814, 81 S.Ct. 695, 5 L.Ed.2d 693 (1961). In Ruckle v. Roto Amer. Corp., supra, the corporation proposed to issue shares for an inadequate consideration. The new shares were to be issued to or, at least, to be controlled by the president of the corporat…