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ROSS v. BOLTON

No. 398, Docket 89-7662.

904 F.2d 819 (1990)

Donald ROSS and Victoria J. Ross, Plaintiffs-Appellants, v. Richard E. BOLTON, R.E. Bolton & Co., Inc., Forbes, Walsh, Kelly & Co., Inc., and Bear, Stearns & Co., Inc., Defendants, Bear, Stearns & Co., Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 30, 1990.

Attorney(s) appearing for the Case

Daniel J. Gallagher, Saddle River, N.J., for plaintiffs-appellants.

Henry F. Minnerop (I. Scott Bieler, Brown & Wood, New York City, of counsel), for defendant-appellee, Bear, Stearns & Co., Inc.

Before TIMBERS, CARDAMONE, and PRATT, Circuit Judges.

CARDAMONE, Circuit Judge:

The principal question on this securities litigation appeal is whether a clearing firm may use the in pari delicto defense to bar an investor's suit to recover losses in connection with stock he purchased from an introducing firm. Because in this case no blame may be laid at the clearing firm's doorstep for the wrongs committed by the introducing firm, we think the defense should be available.

BACKGROUND

R.E. Bolton...

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