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PACIFIC GAS & E. CO. v. SECURITIES AND EXCHANGE COM'N

No. 9918.

139 F.2d 298 (1943)

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

Circuit Court of Appeals, Ninth Circuit.

Dissenting Opinion November 22, 1943.

Rehearing Denied February 23, 1944.

Attorney(s) appearing for the Case

Herman Phleger, Wm. B. Bosley, and Robert H. Gerdes, all of San Francisco, Cal. (James S. Moore, Jr., and Brobeck, Phleger & Harrison, all of San Francisco, Cal., of counsel), for petitioner.

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

Before WILBUR, GARRECHT, DENMAN, MATHEWS, STEPHENS, and HEALY, Circuit Judges.

PER CURIAM.

Order of Securities and Exchange Commission herein affirmed by an equally divided Court.

GARRECHT, Circuit Judge (dissenting).

I dissent from the per curiam decision entered herein denying the petitioner's application, for the reasons hereinafter stated.

This cause has been pending before the court upon a rehearing en banc. Former opinions of this court herein are found in 127 F.2d 378 et seq.<...

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