In Re Stalvey & Associates, Inc.’s Empirical Analysis
750 F.2d 464 · 1985
Citation profile
6 federal appellate · 5 district ·
How this case has been cited
Cited by 52 later decisions — most recently April 2017 · most notably Cohen v. Army Moral Support Fund (1986), In Re MV Securities, Inc. (1985)
6 federal appellate · 5 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 15 U.S.C. § 78A (§ 1 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78C (§ 3 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78F (§ 6 of the Securities Exchange Act of 1934) · 15 U.S.C. § 78L (§ 12 of the Securities Exchange Act of 1934)
Relies on Securities Investor Protection Corp. v. Barbour · White v. Morgan · Hammons Borg-Warner Acceptance Corporation v. Fedders Financial Corporation · Securities & Exchange Commission v. F. O. Baroff Co. · Securities & Exchange Commission v. Packer, Wilbur & Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(2) Customer. — The term “customer” of a debtor means any person (including any person with whom the debtor deals as principal or agent) who has a claim on account of securities received, acquired, or held by the debtor in the ordinary course of its business as a broker or dealer from or for the securities accounts of such person for safekeeping, with a view to sale, to cover consummated sales, pursuant to purchases, as collateral security, or for purposes of effecting transfer. The term “customer” includes any person who has a claim against the debtor arising out of sales or conversions of such securities, and any person who has deposited cash with the debtor for the purpose of purchasing securities, but does not include— “(A) any person to the extent that the claim of such person arises out of transactions with a foreign subsidiary of a member of SIPC; or “(B) any person to the extent that such person has a claim for cash or securities which by contract, agreement, or understanding, or by operation of law, is part of the capital of the debtor, or is subordinated to the claims of any or all creditors of the debtor, notwithstanding that some ground exists for declaring such contract, agreement, or understanding void or voidable in a suit between the claimant and the debtor.””
10 later decisions quote this exact passage · from the majority“[A claimant’s] customer status in the course of some dealings with a broker will not confer that status upon other dealings, no matter how intimately related, unless those other dealings also fall within the ambit of the statute. “The Act contemplates that a person may be a ‘customer’ with respect to some of his claims for cash or shares, but not with respect to others.” S.E.C. v. F.O. Baroff Co., 497 F.2d 280 , 282 n. 2 (2d Cir.1974). Customer status “in the air” is insufficient to confer the SIPA’s protection on a given transaction.”
3 later decisions quote this exact passage · from the majority““Customer,” ... is a statutorily defined term of art as used in SIPA. The term is an integral part of a comprehensive statutory scheme governing the rights of creditors and brokers. It is not used in the colloquial sense of “one who buys or trades”. It is instead meant as a shorthand designation for those eligible under SIPA to receive special protection for their investments.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.