...conducted by Glenn W. Turner Enterprises.2 The Court stated: "* * * we adopt a more realistic test, whether the efforts made by those other than the investor...those essential managerial efforts which affect the success or failure of the enterprise." While I believe that this approach correctly implements the...

...conducted by Glenn W. Turner Enterprises. 2 The Court stated : "* * * we adopt a more realistic test, whether the efforts made by those other than the investor...those essential managerial efforts which affect the success or failure of the enterprise." While I believe that this approach correctly implements the...

...the test to be: [WJhether the efforts made- by those other than the investor are the undeni• ably significant ones, those essential managerial efforts...which affect the failure or success of the enterprise. 474 F.2d 476, 482, cert, denied 414 US 821, 94 S.Ct 117, 38 L.Ed.2d 53. The Ninth Circuit reaffirmed...

...the test to be: [W]hether the efforts made' by those other than the investor arc the undeni• ably significant ones, those essential managerial efforts...which affect the failure or success of the enterprise. 474 F.2d 476, 482, cert, denied 414 US 821, 94 S.Ct. 117, 38 L.Ed.2d 53. The Ninth Circuit reaffirmed...

...heed not be total. The Ninth Circuit in SEC v. Glenn W. Turner Enterprises, Inc., held the test to be: [W]hether the efforts made- by those other than the investor are the undeni• ably significant ones, those essential managerial efforts which affect the failure or success...

...obtains a measure of "control" over the enterprise is contrary to established authority. So long as "the efforts made by those other than the investor are the undeniably significant ones, those 2< SEC v. CM Joiner Leasing Corp., 320 US 350, 351, 64 S.Ct. 120. 88 L.Ed. 88 (1943). 25 See Weaver...

...the remedial purposes of the 1933 and 1934 Acts. Thus, the court agreed with the Ninth Circuit that "the critical inquiry is "whether the efforts made...affect the failure or success of the enterprise.' " M at 48Î (citing Glenn W. Turner, 474 F.2d at 482). It should be noted that within this district...

...approach of the Ninth and Fifth Circuits, as well as that condoned by this circuit, this Court holds that "the efforts made by those other than the investor are the undeniably significant ones." Glenn W. Turner, 474 F.2d at 482. Thus, the Capital Fund Bonus System involves the offer or sale of...

...efforts of the promoter or a third party," we have dropped the term "solely" and instead require that "the efforts made by those other than the investor...affect the failure or success of the enterprise." We must therefore determine whether Hocking's purchase of a condominium and rental pool was (1) an...

...The court reiterated the Eleventh Circuit's view that the proper inquiry under the third Howey prong is "whether the efforts made by those other than the...affect the failure or success of the enterprise." The key determination to be made is whether profits were derived from activities of the promoter or...