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UPSON v. OTIS

No. 267.

155 F.2d 606 (1946)

UPSON v. OTIS et al.

Circuit Court of Appeals, Second Circuit.

As Revised on Denial of Rehearing May 23, 1946.

Attorney(s) appearing for the Case

Abraham Marcus, of New York City, for plaintiff-appellee.

Spence, Hotchkiss, Parker & Duryee, of New York City (Kenneth M. Spence, of New York City, and Leo T. Norville, of Chicago, Ill., Julius J. Teller and David B. Tolins, both of New York City, of counsel), for individual defendants-appellees.

Simpson, Thacher & Bartlett of New York City (Robert H. O'Brien and Davis S. Junker, both of New York City, of counsel), for corporate defendants-appellees.

Samuel Marion, of New York City, for appellants.

Before L. HAND, SWAN and FRANK, Circuit Judges.

FRANK, Circuit Judge.

As Automatic had not registered under the Investment Company Act at the time of the occurrence of the transactions covered by the complaint, § 17(a) of that Act has no bearing here.1 Under Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487, we must therefore look to New York decisions. It would seem that they follow the usual conflict of laws rule...

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