YODER v. ORTHOMOLECULAR NUTRITION INSTITUTE, INC.

No. 483, Docket 84-7686.

751 F.2d 555 (1985)

Eileen R. YODER, Plaintiff-Appellant, v. ORTHOMOLECULAR NUTRITION INSTITUTE, INC., Healthful Living Company, Inc., Dr. David J. Henderson and Norman Rothstein, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 7, 1985.


Attorney(s) appearing for the Case

Lisa Kolb Liebert, New York City, for plaintiff-appellant.

Eli Feit, Heller, Horowitz & Feit, P.C., New York City, for defendants-appellees.

Before FRIENDLY, WINTER and PRATT, Circuit Judges.


FRIENDLY, Circuit Judge:

The principal issue on this appeal is whether a complaint alleging that a company knowingly misrepresented its financial condition when it undertook to issue its stock to a person, who, in reliance thereon, became an employee and also transferred certain assets as a part of the transaction, stated a claim under the federal securities laws. We hold that it did.

The complaint in this action...

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