SANDERS v. JOHN NUVEEN & CO., INC.

Nos. 71-1163, 71-1164.

463 F.2d 1075 (1972)

Henry T. SANDERS, Plaintiff-Appellant, v. JOHN NUVEEN & CO., INC., Defendants-Appellees. Henry T. SANDERS, Plaintiff-Appellee, v. JOHN NUVEEN & CO., INC., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 9, 1972.


Attorney(s) appearing for the Case

Maurice J. McCarthy, Melville B. Bowen, Jr., Chicago, Ill., for Henry T. Sanders.

James B. O'Shaughnessy, Joel A. Haber, Allan Horwich, Milton H. Cohen, Michael Ford, Dey W. Watts, Chicago, Ill., for John Nuveen & Co.

Before HASTINGS, Senior Circuit Judge, and KILEY and SPRECHER, Circuit Judges.


SPRECHER, Circuit Judge.

This appeal raises two principal issues: (1) whether promissory notes with a maturity not exceeding nine months but offered to the public as an investment are "securities" within the definition of the Securities Exchange Act of 1934 and (2) whether the representative of an antagonistic class can properly intervene and assume representation of the plaintiff class without notice to the members of that class?

Plaintiff, Henry T. Sanders...

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