· 5/20/1981
John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-Cross
Citations
- 645 F.2d 404
- 58 A.L.R. Fed. 371
- 32 Fed. R. Serv. 2d 361
- 1981 U.S. App. LEXIS 13075
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- identifying three instances in which a partnership interest may qualify as an “investment contract” because of limitations on control otherwise afforded to a general partner
- noting the “unique power of district courts to make factual findings which are decisive of jurisdiction” based on “conflicting written and oral evidence”
- \The defendants' exhibits contain documents from previous ventures which indicate that [two investors] had already been members of other joint ventures organized by [the managers].\
- investment contract may exist where the number of partners makes a vote more akin to a corporate shareholder vote
- decision by investing partners to attend meetings when trouble arose belies partners’ passive role
- when trial court does not resolve disputed facts in granting a dismissal based on lack of subject matter jurisdiction, appellate review is limited to determining whether ruling is correct based on the undisputed facts
Source: CourtListener parenthetical corpus (CC0).
Judges: Godbold, Garza, Randall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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