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DAVIS v. AVCO FINANCIAL SERVICES, INC.

Nos. 82-3553, 82-3572.

739 F.2d 1057 (1984)

Clevester DAVIS; Jimmie Lee King; and Virginia Ann King, Plaintiffs-Appellees, Cross-Appellants, v. AVCO FINANCIAL SERVICES, INC., Defendant-Appellant, Cross-Appellee, Lee McCormick, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided July 10, 1984.

Opinion on Denial of Rehearing and Rehearing September 7, 1984.

Attorney(s) appearing for the Case

Theodore M. Rowen, argued, Richard E. Wolff, Andrew E. Anderson, Spengler, Nathanson, Heyman, McCarthy, & Durfee, Toledo, Ohio, for defendant-appellant, cross-appellee.

Thomas A. Karol, argued, A.B.L.E., Inc., Dale A. Wilker, Glenn G. Galbreath, Toledo, Ohio, for plaintiffs-appellees, cross-appellants.

Before LIVELY, Chief Judge, JONES, Circuit Judge, and BERTELSMAN, District Judge.

Opinion on Denial of Rehearing and Rehearing En Banc September 7, 1984.

BERTELSMAN, District Judge.

This securities case presents this court with an issue of first impression in this circuit, namely, who may be considered a "seller" under § 12(2) of the Securities Act of 1933. Other circuits have expressed diverse views regarding this issue, as have the commentators. The Supreme Court of the United States has never passed on it. Various subsidiary issues...

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