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BANKERS SECURITIES CORP. v. SECURITIES AND EXCH. COM'N

No. 8661.

146 F.2d 88 (1944)

BANKERS SECURITIES CORPORATION v. SECURITIES AND EXCHANGE COMMISSION.

Circuit Court of Appeals, Third Circuit.

Decided November 21, 1944.

Attorney(s) appearing for the Case

Maurice Finkelstein, of New York City, and Stanley Folz, of Philadelphia, Pa. (Allen J. Levin and Sundheim, Folz, Kamsler & Goodis, all of Philadelphia, Pa., on the brief), for petitioner.

Milton V. Freeman, S.E.C., of Philadelphia, Pa. (Roger S. Foster, Sol., and Nathan J. Bonx, both of Philadelphia, Pa., on the brief), for respondent.

Before GOODRICH and McLAUGHLIN, Circuit Judges, and BARD, District Judge.

GOODRICH, Circuit Judge.

Petitioner, Bankers Securities Corporation (hereinafter called "Bankers"), seeks in this Court a review of the action of the Securities and Exchange Commission (hereinafter called "the Commission") denying Bankers' petition brought under § 3 (b) (2) of the Investment Company Act of 1940, 15 U.S.C.A. § 80a — 3 (b) (2). Section 3 of the statute, after describing the term "investment company" in paragraph (a), provides in paragraph...

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