Straley
Straley v. Universal Uranium & Milling Corp.
Opinion
Lead Opinion
Jertberg, J.
The sole question presented on this appeal is: may laches bar the recovery by the purchaser of the consideration paid for securities issued in violation of Title 15 U.S.C.A. § 77e, where the purchaser proves his claim under Title 15 U.S.C.A. § 77l(1), and has brought his action within one year from the date of the sale of such securities as required by Title 15 U.S.C.A. § 77m?
At the conclusion of the trial which followed pretrial conferences culminating in a pretrial order, the district court denied relief to appellants on the ground that laches barred them from asserting their claims against appellees. From such judgment appellants filed a timely appeal.
*371 Jurisdiction of the district court is based on the provisions of Title 15 U.S. C.A. § 77l and Section 77v. This Court has jurisdiction under Title 28 U.S.C.A. §§ 1291 and 1294.
Section 77e(a) (1) in substance declares it unlawful for any person directly or indirectly to make use of the mails or instruments of transportation or communication in interstate commerce to sell a security unless a registration statement as to such security is in effect. Section 77l(1) provides in substance that any person who, sells a security…