PIAMBINO v. BAILEY

Nos. 76-3495, 77-2045.

610 F.2d 1306 (1980)

Peter PIAMBINO et al., Plaintiffs-Appellees, v. William E. BAILEY et al., Defendants, Bestline Products, Inc., a California Corporation et al., Defendants-Appellants. In re BESTLINE PRODUCTS SECURITIES AND ANTITRUST LITIGATION. Peter PIAMBINO et al., Plaintiffs-Appellees, v. William E. BAILEY et al., Defendants, David SYLVA, Compliance Officer of the California Restitutionary Fund, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

February 6, 1980.


Attorney(s) appearing for the Case

J. Russell Pitto, San Jose, Cal. and Marc M. Watson, Miami, Fla., for Bestline, Inc., et al.

Carl H. Hoffman, Miami, Fla., James H. Joseph, Pittsburgh, Pa., for Piambino, et al.

David Ferber, Sol., for amicus curiae. Ralph C. Ferrara, Gen. Counsel, S. Lee Terry, Jr., William A. Dietch, Attys., SEC., Washington, D.C.

Evelyn Langlieb Greer, Miami, Fla., for intervenor-appellant.

Michael R. Botwin, Deputy Atty. Gen., Dept. of Justice, Los Angeles, Cal., amicus curiae, for people of the State of California.

William C. Wolford, Asst. Atty. Gen., State of Wisconsin, Madison, Wis., amicus curiae, for State of Wis.

Before COLEMAN, Chief Judge, GOLDBERG, and RUBIN, Circuit Judges.


COLEMAN, Chief Judge.

This litigation arose from the sale by Bestline Products, Inc.,1 a California corporation, of direct distributorship contracts (or agreements) for the sale and distribution to the consuming public of its line of personal and home care products. Bestline's direct distributorships were an integral part of its multi-level distributorship system, a species of pyramid sales schemes.2

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