Rader v. Weber

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-10486 Summary Calendar

TERRY DON RADER,

Plaintiff-Appellant, versus

GARRY WEBER; GLENN NOWLIN; SUSAN SLOVAK; WEBER INVESTMENT CORPORATION,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:02-CV-23-P -------------------- December 27, 2002

Before JOLLY, JONES, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:*

Terry Don Rader appeals the district court’s dismissal for lack of subject-matter jurisdiction of his claims against the defendants arising under the securities laws. He asserts that the defendants made false statements that caused him loss, in violation of 15 U.S.C. § 78j(b) and 17 C.F.R. § 240.10b-5. Rader has not established that he was induced into buying or selling securities based upon the allegedly false statements made by the defendants or that any transaction entered by Rader resulted in

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

No. 02-10486 -2-

loss. See Santa Fe Indus. v. Green, 430 U.S. 462, 476 (1977); Reid v. Hughes, 578 F.2d 634, 636 (5th Cir. 1978). As a result, the district court lacked authority to adjudicate the case. See Home Builders Ass’n of Miss. v. City of Madison, Miss., 143 F.3d 1006, 1010 (5th Cir. 1998); Carpenter v. Wichita Falls Indep. Sch. Dist., 44 F.3d 362, 366 (5th Cir. 1995). Accordingly, the judgment of the district court is AFFIRMED.