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DOPP v. FRANKLIN NATIONAL BANK

No. 606, Docket 71-2214.

461 F.2d 873 (1972)

Paul S. DOPP, Plaintiff-Appellee, v. FRANKLIN NATIONAL BANK, Defendant-Appellant, and Butler Aviation International, Inc., et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided May 30, 1972.

Attorney(s) appearing for the Case

Milton Kunen, New York City (Sidney Kwestel, Theodore J. Fischkin, Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for defendant-appellant.

Robert W. Gottlieb, New York City (Rosenman, Colin, Kaye, Petscheck, Freund & Emil, New York City, of counsel), for plaintiff-appellee.

Before CLARK, Associate Justice, LUMBARD and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

This appeal presents another example of the burgeoning impact of the federal securities laws on the courts. Paul S. Dopp, the largest individual shareholder of Butler Aviation International, Inc.,1 has used § 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder as a wedge to block the sale of 51,500 shares of Butler stock pledged by him to Franklin National Bank as collateral...

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