U.S. Court of Appeals for the Fifth Circuit, 1988

Dahl v. Pinter

U.S. Court of Appeals for the Fifth Circuit · Decided October 14, 1988 · Brown, Reavley

857 F.2d 262; 1988 U.S. App. LEXIS 14069; 1988 WL 98743 (Federal Reporter, Second Series)

Counsel

Braden W. Sparks, Newman, Shook & McManemin, Dallas, Tex., for defendants-appellants., John A. Spinuzzi, Denton, Tex., for plaintiffs-appellees.

Opinion of the Court

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before BROWN and REAVLEY, Circuit Judges.* PER CURIAM:

The judgment of this court (787 F.2d 985; 794 F.2d 1016) affirming the district court’s judgment for plaintiff Dahl has been vacated by the Supreme Court. — U.S.-, 108 S.Ct. 2063, 100 L.Ed.2d 658 (1988). The Court called for further findings to meet the standards it established for determining (1) the availability of an in pan delicto defense under § 12(1) of the Securities Act of 1933, and (2) status as a statutory seller for purposes of imposing liability under § 12(1). The cause is remanded to the district court for further findings consistent with the Supreme Court’s holdings and for determination, if appropriate, of contribution to Pinter by Dahh The district court may, if it chooses, take additional evidence on these issues.

REMANDED.

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