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GRENADER v. SPITZ

Nos. 601, 661, Dockets 75-7592, 75-7601.

537 F.2d 612 (1976)

Max GRENADER et al., Plaintiffs-Appellants-Appellees, v. Milton SPITZ et al., Defendants-Appellees-Appellants, Bernard Cooper et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided April 28, 1976.

Attorney(s) appearing for the Case

Charles Marks, New York City, for plaintiffs-appellants-appellees.

Dennis J. Block, Kevin P. Hughes, Weil, Gotshal & Manges, New York City, for defendants-appellees-appellants.

Before MULLIGAN, GURFEIN, Circuit Judges, and NEAHER, District Judge.

MULLIGAN, Circuit Judge:

We are presented here with the question whether the sale of the stock in a privately owned and operated New York City apartment house cooperative constitutes the sale of a "security" within the Securities Act of 1933 (15 U.S.C. § 77a et seq.) and the Securities Exchange Act of 1934 (15 U.S.C. § 78a et seq.). We answer the question in the negative primarily on the authority of United Housing Foundation, Inc. v. Forman,

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