CHECKOSKY v. S.E.C.

Nos. 92-1396, 92-5158, 92-1214.

23 F.3d 452 (1994)

David J. CHECKOSKY, Norman A. Aldrich, Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent, In re Application of David J. CHECKOSKY and Norman A. Aldrich for the Perpetuation of Certain Testimony and the Preservation of Other Evidence, In re David J. CHECKOSKY and Norman A. Aldrich, Petitioners.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 1994.


Attorney(s) appearing for the Case

Geoffrey F. Aronow, Washington, DC, argued the cause for petitioners. With him on the briefs was Andrew T. Karron, Washington, DC. Jay Kelly Wright and Samuel A. Thumma, Washington, DC, entered an appearance.

Susan Ferris Wyderko, Asst. General Counsel, S.E.C., Washington, DC, argued the cause for respondent. With her on the briefs were Paul Gonson, Sol., Richard M. Humes, Attorney, Paul P. Andrews, Sr. Counsel, and Richard H. Walker, Regional Adm'r, S.E.C., Washington, DC. Jeffrey R. Zuckerman and Henry Klehm, III, Attorneys, S.E.C., Washington, DC, entered an appearance in Nos. 92-5158 and 92-1214. James Robert Doty, Washington, DC, entered an appearance in No. 92-1396.

Kathryn A. Oberly, Washington, DC, was on the brief for amici curiae Arthur Andersen & Co.; Deloitte & Touche; Ernst & Young; and KPMG Peat Marwick.

Arthur F. Mathews and Michael R. Klein, Washington, DC, were on the brief for amicus curiae American Civil Liberties Union.

Before: SILBERMAN and RANDOLPH, Circuit Judges, and JOHN W. REYNOLDS, District Judge.


Opinion PER CURIAM.

Circuit Judge SILBERMAN filed a separate opinion.

Circuit Judge RANDOLPH filed a separate opinion.

District Judge REYNOLDS filed a separate opinion, concurring in part and dissenting in part.

PER CURIAM:

The case is remanded to the Commission for a more adequate explanation of its interpretation of Rule 2(e)(1)(ii) and its application to this case. The court rejects unanimously...

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