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SECURITIES AND EXCH. COM'N v. LONG ISLAND LIGHTING CO.

No. 233.

148 F.2d 252 (1945)

SECURITIES AND EXCHANGE COMMISSION v. LONG ISLAND LIGHTING CO.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Granted March 26, 1945.

Judgment Vacated April 30, 1945.

Attorney(s) appearing for the Case

Roger S. Foster, Sol., Morton E. Yohalem, Counsel, Public Utilities Division, David K. Kadane, Sp. Counsel, Public Utilities Division, Theodore L. Thau, Sp. Counsel, Harry G. Slater, and Solomon Freedman, all of Philadelphia, Pa., for the Securities and Exchange Commission.

Milton Pollack, of New York City, amicus curiae for preferred stockholders.

William A. Lockwood, of New York City, for New York Curb Exchange, amicus curiae.

Harold R. Medina, Charles G. Blakeslee, and Charles E. Elbert, all of New York City (John J. Donohue, of Albany, N. Y., and Richard T. Davis, of New York City, of counsel), for appellee.

Before HUTCHESON, SIMONS, and CLARK, Circuit Judges.

Writ of Certiorari Granted March 26, 1945. See 65 S.Ct. 869.

Judgment Vacated April 30, 1945. See 65 S.Ct. 1085.

SIMONS, Circuit Judge.

The appellant sought temporary and permanent injunctions restraining the appellee from consummating a plan for its recapitalization until determination of proceedings pending before the Commission, involving the status of the appellee under the Public Utility Holding Company Act of 1935, 49 Stat. 803, 15 U.S.C.A. ...

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