Renee SLADE, Plaintiff-Appellee,
v.
SHEARSON, HAMMILL & CO., INC., Defendant, Third-Party Plaintiff-Appellant,
v.
NATIONAL BANK OF NORTH AMERICA, Third-Party Defendant.
Edward E. ODETTE, Plaintiff-Appellee,
v.
NATIONAL BANK OF NORTH AMERICA, Third-Party Defendant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued October 21, 1974.
Decided December 16, 1974.
Attorney(s) appearing for the Case
Russel H. Beatie, Jr., Dewey, Ballantine, Bushby, Palmer & Wood, New York City (David J. Goss, New York City, of counsel), for appellant.
Abraham L. Pomerantz, Pomerantz, Levy, Haudek & Block, New York City, (Mordecai Rosenfeld, Richard M. Meyer, New York City, of counsel), for appellee.
Lawrence E. Nerheim, Gen. Counsel, S.E.C. (David Ferber, Sol., Jacob H. Stillman, Asst. Gen. Counsel, James H. Schropp, Atty., Washington, D. C., of counsel), for Securities & Exchange Commission as amicus curiae.
Donald M. Feuerstein and Wachtell, Lipton, Rosen & Katz, New York City (Martin Lipton, Herbert M. Wachtell, Steven M. Barna, Robert B. Mazur, New York City, of counsel), for Salomon Brothers as amicus curiae.
Sam Scott Miller, New York City, and Hill, Christopher & Phillips, P. C., Washington, D. C. (Richard M. Phillips, Gilbert C. Miller, Alan J. Berkeley, Washington, D. C., of counsel), for Paine, Webber, Jackson & Curtis, Inc., as amicus curiae.
Before MOORE, OAKES and GURFEIN, Circuit Judges.
United States Court of Appeals, Second Circuit.
OAKES, Circuit Judge:
Is an investment banker/securities broker who receives adverse material nonpublic information about an investment banking client precluded from soliciting customers for that client's securities on the basis of public information which (because of its possession of inside information) it knows to be false or misleading?
This intriguing question, "certified" to us under the provisions of 28 U.S.C. § 1292(b)1
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