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CROWLEY v. MONTGOMERY WARD & CO., INC.

No. 76-1653.

570 F.2d 877 (1978)

Vern CROWLEY, Richard Mansfield, Jerry Wall, Douglas Barton, Jayne Barton, William Dubois, Wendell Winegar, David Dittman, Plaintiffs-Appellants, v. MONTGOMERY WARD & CO., INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 3, 1978.

Attorney(s) appearing for the Case

Robert J. DeBry, Salt Lake City, Utah (Valden P. Livingston, Salt Lake City, Utah, with him on the brief), for plaintiffs-appellants.

E. Scott Savage, Salt Lake City, Utah (Dennis McCarthy and Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, with him on the brief), for defendant-appellee.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The controlling question in this case is whether the "Catalog Sales Agency Agreement" entered into by defendant-appellee Montgomery Ward & Co. with individual plaintiffs-appellants is a security within the purview of 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 hold that the agency agreement is not a security and, hence, there is no federal jurisdiction...

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