STUART

v.

UNITED STATES

Citator

Cited By

• Long v. Shultz Cattle Co., 881 F.2d 129 (5th Cir. 1989)
  …cattle-feeding program clearly pales in comparison. . The Supreme Court has thus far declined to resolve this split in authority although three justices expressed a desire to do so in a dissent from the denial of certiorari in Mordaunt v. Incomco, 469 U.S. 1115, 105 S.Ct. 801, 83 L.Ed.2d 793 (1985), denying cert. to, 686 F. 2d 815 (9th Cir.1982). Although some courts have interpreted the Supreme Court's opinion in Marine Bank v. Weaver, 455 U.S. 551, 102 S.Ct. 1220, 71 L.Ed.2d 409 (1982), to require some…
• Hocking v. Maylee Dubois & Vitousek & Dick Realtors, Inc., 839 F.2d 560 (9th Cir. 1988)
  …fied Howey’s first requirement. Hocking invested money in the condominium. 2. Common Enterprise. There has been some disagreement among the circuit courts of appeals on what satisfies the requirement of a common enterprise. See Mordaunt v. Incomco, 469 U.S. 1115, 1115-16, 105 S.Ct. 801, 801-02, 83 L.Ed.2d 793 (1985) (White, J., dissenting from the denial of certiorari). Some require “horizontal commonality,” usually evidenced by a pooling of assets from two or more investors into a single investment fund.…