SIEBEL v. SCOTT

No. 82-1713.

725 F.2d 995 (1984)

Betty Jane SIEBEL, Executrix of the Estate of Eldon K. Siebel, Deceased, et al., Plaintiffs-Appellants Cross-Appellees, v. James C. SCOTT, et al., Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

February 27, 1984.


Attorney(s) appearing for the Case

Carl A. Generes, John O. Cunningham, Richard C. Guinan, Jr., Dallas, Tex., for plaintiffs-appellants cross-appellees.

Tom Thomas, Dallas, Tex., for defendants-appellees cross-appellants.

Before GEE, TATE and PATRICK E. HIGGINBOTHAM, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this securities case we review findings that sales of securities were procured by fraud and we explicate the proper measure of damages for such cases. We hold that interests in a limited partnership here constitute "securities," and that the plaintiffs' recovery on the facts here should be tied to the actual value of the partnership interests at the time of sale which can encompass the profit realized by the fraudulent purchaser...

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