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McMANN v. SECURITIES AND EXCHANGE COMMISSION

No. 157.

87 F.2d 377 (1937)

McMANN v. SECURITIES AND EXCHANGE COMMISSION.

Circuit Court of Appeals, Second Circuit.

January 18, 1937.

Attorney(s) appearing for the Case

Garey & Garey, of New York City (Eugene L. Garey, Earl J. Garey, Milton I. Hauser, and Edward J. McGoldrick, Jr., all of New York City, of counsel), for appellant.

John J. Burns, of Washington, D. C., and Ernest Angell, of New York City (William V. Holohan and Pierce W. Bradley, both of New York City, and Charles R. Kaufman, of Washington, D. C., of counsel), for appellees.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a decree denying an injunction pendente lite in a suit brought by the plaintiff, McMann, against his brokers, Engel & Co., in which the Securities & Exchange Commission has intervened. The application was to prevent the brokers from complying with two subpœnas duces tecum issued by the Commission, the first requiring them to produce before one of its examiners a copy of McMann's account between December...

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