[DOWNLOAD] "Leoni v. Rogers" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Leoni v. Rogers
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 31, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Order Joanne and William Leoni here appeal the jurisdictional dismissal of their claim against Charles K. Rogers et al. for violation of federal securities law anti-fraud provisions. The district court held that the ""sale of business doctrine"" placed the Leoni's purchase of one hundred percent of the stock in Charles J. Rogers, Inc. and Charles K. Rogers Construction Company outside the scope of the protection of the federal securities laws. After consideration of the briefs, record, and district court opinion in this case we find it necessary to remand the matter to the district court for further consideration in light of two Supreme Court opinions issued May 28, 1985, before the district court's December 23, 1985 opinion. These cases, Landreth Timber Co. v. Landreth, 105 S. Ct. 2297 (1985), and Gould v. Ruefenacht, 105 S. Ct. 2308 (1985), squarely address the ""sale of business doctrine"" as it relates to the purchase of stock and therefore affect the disposition of this case. Specifically, Landreth Timber Co. v. Landreth, 105 S. Ct. 2297 (1985), is a reversal of the Ninth Circuit's opinion at 731 F.2d 1348 (9th Cir. 1984) which is cited by the district court as authority in its opinion.
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