HART v. PULTE HOMES OF MICH. CORP.

No. 83-1156.

735 F.2d 1001 (1984)

Jack E. HART, et al., Plaintiffs-Appellants, v. PULTE HOMES OF MICHIGAN CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 6, 1984.


Attorney(s) appearing for the Case

Donald F. Tucker, Robert J. Williams, Jr., argued, Simon, Deitch, Siefman, Tucker & Friedman, Southfield, Mich., for plaintiffs-appellants.

Stephen Wasinger, argued, Charles S. Rudy, Barris, Sott, Denn & Driker, Detroit, Mich., for defendants-appellees.

Before LIVELY, Chief Judge, WELLFORD, Circuit Judge, and BROWN, Senior Circuit Judge.


BAILEY BROWN, Senior Circuit Judge.

The plaintiffs appeal from an order dismissing their complaint alleging violations of federal securities laws. The district court held that the defendants' sale and lease-back of model homes did not constitute securities for purposes of the federal securities laws. Because we find that the plaintiffs failed to show investment in a common enterprise, a necessary element of a security, we affirm.

I.

The plaintiffs...

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