SPILKER v. SHAYNE LABORATORIES, INC.

No. 74-2400.

520 F.2d 523 (1975)

James J. SPILKER, Plaintiff-Appellant, v. SHAYNE LABORATORIES, INC., a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 10, 1975.


Attorney(s) appearing for the Case

John P. Cerney (argued), Quantz & Cerney, San Francisco, Cal., for plaintiff-appellant.

Hugh L. Smith, Jr. (argued), San Mateo, Cal., David B. Gaw (argued) of Jones, Gaw & Van Male, Napa, Cal., for defendants-appellees.

Before TUTTLE, BROWNING and HUFSTEDLER, Circuit Judges.


TUTTLE, Circuit Judge:

The only issue in this appeal is a simple question of law: Does the fact that the defendants made two intrastate telephone calls connected to a securities transaction satisfy the jurisdictional requirement of "use of any means or instrumentality of interstate commerce" in § 10 of the Securities Exchange Act of 1934, 15 U.S.C. § 78j, and Securities and Exchange Commission Rule 10b-5, 17 C.F.R. 240.10b-5? The trial court, apparently...

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