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S.E.C. v. BOX

No. 82-1020.

721 F.2d 134 (1983)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellant, v. Cloyce K. BOX, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 28, 1983.

Attorney(s) appearing for the Case

Edward F. Greene, Gen. Counsel, S.E.C., Douglas J. Scheidt, Sp. Counsel, Harlan William Penn, Paul Gonson, Linda D. Fienberg, Washington, D.C., for plaintiff-appellant.

Neal & Harwell, James F. Neal, James F. Sanders, Nashville, Tenn., Miller, Cassidy, Larroca & Lewin, Herbert J. Miller, Jr., William H. Jeffress, Jr., Jonathan B. Sallet, Washington, D.C., Clark, West, Keller, Butler & Ellis, William B. West, III, Dallas, Tex., for defendant-appellee.

Before GARZA, RANDALL and GARWOOD, Circuit Judges.

PER CURIAM:

The Securities and Exchange Commission appeals a judgment of the district court dismissing Counts I, XIV and XV of its complaint against defendant-appellee, Cloyce K. Box, for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). We reverse.

Box moved to dismiss the antifraud violations alleged in Counts I, XIV and XV both on the ground that the alleged nondisclosures were not "in connection with" the purchase or sale...

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