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NATIONAL ASS'N, ETC. v. SECURITIES AND EXCHANGE COM'N

No. 8464.

143 F.2d 62 (1944)

NATIONAL ASS'N OF SECURITIES DEALERS, Inc., v. SECURITIES AND EXCHANGE COMMISSION et al.

Circuit Court of Appeals, Third Circuit.

Decided April 20, 1944.

As Amended April 26, May 1, and June 9, 1944.

Attorney(s) appearing for the Case

Paul W. Frum, of Cleveland, Ohio, (Baker, Hostetler & Petterson and Joseph C. Hostetler, all of Cleveland, Ohio, on the brief), for petitioner.

Orrin C. Knudsen, of Philadelphia, Pa. (John F. Davis, and Arden L. Andresen, both of Philadelphia, Pa., on the brief), for respondent Securities and Exchange Commission.

William A. Lockwood and Thomas A. McGovern, both of New York City (Reed, Truslow, Crane & de Give, of New York City, on the brief), for respondent New York Curb Exchange.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

In this case we must decide whether a determination by the Securities and Exchange Commission that there exists in the vicinity of the New York Curb Exchange sufficiently widespread public distribution of certain bonds1 and sufficient public trading activity in them to render the extension of unlisted trading privileges on the Curb to that security necessary or appropriate in the public interest or for the protection...

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