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HURST v. DARE TO BE GREAT, INC.

Nos. 72-1720, 72-1662.

474 F.2d 483 (1973)

Walter F. HURST, Plaintiff-Appellee, v. DARE TO BE GREAT, INC., a corporation, et al., Defendants-Appellants. Walter F. HURST, Plaintiff-Appellant, v. DARE TO BE GREAT, INC., a corporation, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

February 1, 1973.

Attorney(s) appearing for the Case

John J. Haugh (argued), of O'Connell, Goyak & Haugh, Portland, Or., for Walter F. Hurst.

William E. Hanson (argued), Charles R. Mowry, of Dardano, Mowry & Hanson, Portland, Or., for Dare To Be Great, Inc.

John H. Socolofsky, Asst. Atty. Gen. (argued), Lee Johnson, Atty. Gen. Salem, Or., for amicus curiae.

Before DUNIWAY, HUFSTEDLER and TRASK, Circuit Judges.

DUNIWAY, Circuit Judge:

In this case, plaintiff Hurst bought from Dare To Be Great, Inc. (Dare) its Adventure IV, which is described in our opinion in SEC v. Glenn W. Turner Enterprises, Inc., 9 Cir., 1973, 474 F.2d 476, filed today. Disillusioned with what he got, Hurst sued for the return of his money under the diversity jurisdiction. The trial judge held that Adventure IV is an investment contract within the meaning of Oregon Revised...

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