MORGAN STANLEY & CO. v. SECURITIES EXCHANGE COM'N

No. 129.

126 F.2d 325 (1942)

MORGAN STANLEY & CO., Inc., v. SECURITIES EXCHANGE COMMISSION.

Circuit Court of Appeals, Second Circuit.

February 20, 1942.


Attorney(s) appearing for the Case

John W. Davis, of New York City (Davis, Polk, Wardwell, Gardiner & Reed, George A. Brownell, and Amory H. Bradford, all of New York City, on the brief), for petitioner.

Chester T. Lane, Gen. Counsel, and Lawrence S. Lesser, both of Washington, D. C. (Christopher M. Jenks, Robert Blair-Smith, Maurice C. Kaplan, and Nathan L. Halpern, all of Washington, D. C., on the brief), for respondent.

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


CLARK, Circuit Judge.

This is a petition for review of an order of the Securities and Exchange Commission declaring petitioner, Morgan Stanley & Co., Inc., to be an affiliate of the Dayton Power & Light Co. for the purpose of denying underwriting fees to petitioner in connection with a refunding operation of Dayton. This order was issued pursuant to Rule U-12F-2 of the Commission under the Public Utility Holding Company Act, 15 U.S.C.A. § 79a et seq....

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