AMERICAN POWER CO. v. S.E.C.

No. 4.

329 U.S. 90 (1946)

AMERICAN POWER & LIGHT CO. v. SECURITIES & EXCHANGE COMMISSION.

Supreme Court of United States.

Reargued October 14, 15, 1946.

Decided November 25, 1946.


Attorney(s) appearing for the Case

Arthur A. Ballantine and John F. MacLane argued the cause for petitioner in No. 4 on the original argument, and Mr. Ballantine on the reargument. With them on the briefs were Frank A. Reid, Wilkie Bushby and Joseph Schreiber.

Daniel James argued the cause for petitioner in No. 5. With him on the briefs were John F. MacLane, Frank A. Reid and John W. Nields.

Roger S. Foster argued the cause for respondent. With him on the brief were Solicitor General McGrath, Paul A. Freund, Milton V. Freeman, Morton E. Yohalem and David Ferber.

Percival E. Jackson filed a brief for the Holders of Preferred Stock of Electric Power & Light Corporation, as amicus curiae, urging affirmance.


MR. JUSTICE MURPHY delivered the opinion of the Court.

We are concerned here with the constitutionality of § 11 (b) (2) of the Public Utility Holding Company Act of 19351 and its application to the petitioners, the American Power & Light Company and the Electric Power & Light Corporation.

American and Electric are two of the subholding companies in the Electric Bond and Share Company holding company system, certain...

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