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PACIFIC GAS & ELEC. CO. v. SECURITIES & EXCHANGE COM'N

No. 9918.

127 F.2d 378 (1942)

PACIFIC GAS & ELECTRIC CO. v. SECURITIES & EXCHANGE COMMISSION.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Granted June 6, 1942.

Attorney(s) appearing for the Case

Herman Phleger and Wm. B. Bosley and Robert H. Gerdes, both of San Francisco, Cal., (Brobeck, Phleger & Harrison, of San Francisco, Cal., of counsel), for petitioner.

Chester T. Lane, Gen. Counsel, Securities and Exchange Commission, Christopher M. Jenks, Asst. Gen. Counsel, Lawrence S. Lesser and E. M. Calkin, Attys., all of Washington, D. C. (Arnold R. Ginsburg, Eugene Gressman, and Julian M. Meer, all of Washington, D. C., of counsel), for respondent.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

HANEY, Circuit Judge.

The present cause arises on a petition to review and modify, or set aside an order of the Securities and Exchange Commission.

Pacific Gas and Electric Company, petitioner, hereafter called the company, is a California corporation, and was organized in 1905. On March 23, 1912, the Public Utilities Act of California became effective, St.1911, Ex.Sess., p. 18, and since that date, the company could issue securities only with the approval...

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