Opinion · Court of Appeals for the Ninth Circuit
Securities & Exchange Commission v. Commodity Options International, Inc.
553 F.2d 628
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1977-05-10
- Topic
- bankruptcy
ELY, Circuit Judge (concurring): In the light of the controlling precedents of our court, cited in the opinion so carefully written by my Brother Merrill, I concur. I am inclined to believe, however, that were I freed of precedential compulsion, I would adopt the approach taken by our Brothers of the Seventh Circuit. See, e. g., Glazer v. Nat’l Commodity Research and Statistical Services, Inc., 388 F.Supp. 1341 (N.D.Ill. 1974), aff’d, 547 F.2d 392 (7th Cir. 1976); Milnarik v. M-S Commodities, Inc., 457 F.2d 274 (7th Cir. 1972).
Citator
UpLaw has not yet analyzed Securities & Exchange Commission v. Commodity Options International, Inc.. The absence of a flag is not a finding that it is good law.
(concurring):
In the light of the controlling precedents of our court, cited in the opinion so carefully written by my Brother Merrill, I concur. I am inclined to believe, however, that were I freed of precedential compulsion, I would adopt the approach taken by our Brothers of the Seventh Circuit. See, e. g., Glazer v. Nat’l Commodity Research and Statistical Services, Inc., 388 F.Supp. 1341 (N.D.Ill. 1974), aff’d, 547 F.2d 392 (7th Cir. 1976); Milnarik v. M-S Commodities, Inc., 457 F.2d 274 (7th Cir. 1972). If I am correct in my analysis of these cases, the “common enterprise” requirement of Howey could not be found under the facts of the case here under review.