U.S. Court of Appeals for the Fifth Circuit, 1966

John v. Holmes v. William Lucius Cary

U.S. Court of Appeals for the Fifth Circuit · Decided January 19, 1966 · Brown, Coleman, Garza, Per Curiam

355 F.2d 150 (Federal Reporter, Second Series)

Counsel

John V. Holmes, for appellants., Paul J. Kemp, Walter P. North, Attys., S. E. C., Washington, D. C., Philip A. Loomis, Jr., Gen. Counsel, Martin D. Newman, Atty., Securities and Exchange Commission, Washington, D. C., for ap-pellees.

Cases that cite this one

1 later published case cites this decision.

Arabia v. State (Nev. 1966)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

This case, arising out of a much litigated dispute between Plaintiffs and the SEC, 1 represents an attempt to require the SEC to file, make public, and treat in a regular fashion a paper which purports to be a registration statement. In view of the fact that this paper clearly fails to meet the requirements of the Securities Act of 1933 and the SEC’s rules and regulations, we agree fully with the District Court that it does not represent a bona fide attempt to qualify to sell securities to the investing public and hence is not a registration statement at all. Summary judgment for the Defendants was correct.

Affirmed.

. Holmes v. United States, 5 Cir., 1965, 353 F.2d 785 [Dec. 13, 1965] ; Holmes v. Eddy, 4 Cir., 1965, 341 F.2d 477; SEC v. Bond & Share Corp., W.D.Okl., 1963, 229 F.Supp. 88 (appeal pending to 10th Circuit).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.