FINKEL v. DOCUTEL/OLIVETTI CORP.

No. 86-1680.

817 F.2d 356 (1987)

Hannah FINKEL, Plaintiff-Appellant, v. DOCUTEL/OLIVETTI CORPORATION, et al, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 27, 1987.


Attorney(s) appearing for the Case

Jules Brody, Stull, Stull & Brody, New York City, W.D. Masterson, Kilgore & Kilgore, Inc., Dallas, Tex., for plaintiff-appellant.

Steven M. Woghin, Robert F. Henderson, Dallas, Tex., for Docutel/Olivetti, DeMoss, & Meredith.

George M. Newcombe, David E. Massengill, New York City, for Ing. Olivetti & C., DeBenedetti, Fubini & Piol.

Before JOLLY and DAVIS, Circuit Judges and FELDMAN, District Judge.


FELDMAN, District Judge:

This appeal asks whether the fraud on the market theory applies in 10b-5 securities fraud suits when the securities at issue were purchased in the open market. In the limited context of this opinion, we hold that the answer is yes and, therefore, proof of reliance on specific misconduct in the purchase or sale of a security in the open market is not a requisite key to recovery. Thus, we affirm in part and reverse in part, and remand to the...

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