1. Home
  2. Browse Decisions
  3. F.2d
  4. 578 F.2d
  5. 578 F.2d 1273 (1978)
 

BLACKMAR v. LICHTENSTEIN

No. 77-1855.

578 F.2d 1273 (1978)

Charles B. BLACKMAR, Trustee of Liberty's Investment for Employees, and Charles B. Blackmar, Trustee of Incentive Trust, Plaintiff-Appellant, v. David B. LICHTENSTEIN, Sr., William A. Gerard, Lyle S. Woodcock, Sidney N. Held, David B. Lichtenstein, Jr., Oscar H. Love, Carl A. Algren, and American National Bank in St. Louis, Defendants-Appellees, John W. Knox and Everett B. Best, Movants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 6, 1978.

Attorney(s) appearing for the Case

William I. Rutherford of Lashly, Caruthers, Thies, Rava & Hamel, Clayton, Mo., for appellant; Albert H. Hamel and Mark D. Mittleman, Clayton, Mo., on brief.

Thomas E. Wack, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for appellee, Lichenstein; William J. Travis, and Robert S. Allen and Kathianne Knaup of Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., on brief.

John B. Carothers, Thompson, Walther, Shewmaker & Gaebe, St. Louis, Mo., for appellee, American National Bank; Harold C. Gaebe, St. Louis, Mo., on brief.

John G. Gianoulakis of Kohn, Shands, Elbert, Gianoulakis & Giljum, St. Louis, Mo., for appellees, Knox and Best; Cynthia C. Bottini and Carroll J. Donohue, Robert J. Domrese and James V. Stepleton of Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, Mo., on brief.

Before HEANEY and HENLEY, Circuit Judges, and HANSON, Senior District Judge.

HANSON, Senior District Judge.

Blackmar appeals from an order of the district court finding that his complaint as to all defendants failed to state a cause of action pursuant to Section 10(b) of the Securities Exchange Act of 1934. We hold that the district court, in dismissing the complaint for lack of subject matter jurisdiction, overlooked and failed to rule upon an issue of real party in interest, an issue that should have been considered prior to the merits and...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases