Sullivan & Long, Inc. v. Scattered Corp.

47 F.3d 857 (1995)

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Sullivan & Long, Inc. v. Scattered Corp.

United States Court of Appeals for the Seventh Circuit
47 F.3d 857 (1995)

  • Written by Robert Cane, JD

Facts

LTV Corporation was a steel producer. In 1986, LTV entered bankruptcy. Under the proposed plan of reorganization, existing stock in LTV would be replaced by new stock, which was estimated to have a value of three to four cents per share. The old shares of LTV were trading for more than 30 cents per share when the reorganization plan was announced publicly. Scattered Corporation (defendant) was a stock dealer. Scattered engaged in a high volume of short sales of the old LTV stock based on the publicly available information that the new LTV stock was expected to reach a price of three to four cents. Buyers (plaintiffs) of Scattered’s short sales incorrectly thought that the price of the old LTV shares would rise before dropping to the estimated level of three to four cents. The price of the old LTV shares did not rise. Consequently, the buyers lost money. The buyers filed suit against Scattered, alleging that Scattered had engaged in market manipulation with respect to the price of the old LTV stock. The trial court dismissed the complaint for failure to state a claim. The buyers appealed.

Rule of Law

Issue

Holding and Reasoning (Posner, C.J.)

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