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McGARRY v. SECURITIES AND EXCHANGE COMMISSION

No. 3058.

147 F.2d 389 (1945)

McGARRY et al. v. SECURITIES AND EXCHANGE COMMISSION.

Circuit Court of Appeals, Tenth Circuit.

February 7, 1945.

Attorney(s) appearing for the Case

John R. Wolff, of Boulder, Colo. (Charles T. Mahoney and William H. Scofield, both of Denver, Colo., on the brief), for appellants.

A. Marvin Lungren, Atty., Securities and Exchange Commission, of Denver, Colo. (Roger S. Foster, Sol., and Robert S. Rubin, Sp. Counsel, both of Philadelphia, Pa., John L. Geraghty, Regional Adm'r, of Denver, Colo., Arnold R. Ginsburg, of Philadelphia, Pa., and Alec J. Keller, of Denver, Colo., Attys., all of Securities and Exchange Commission, on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge, delivered the opinion of the court.

On April 27, 1944, the Securities and Exchange Commission,1 pursuant to §§ 19 (b) and 20(a) of the Securities Act of 1933,2 15 U.S.C.A. §§ 77s(b), 77t(a), issued an order directing an investigation in the matter of W. E. McGarry and Industrial Loan Corporation.3 The order stated that members of the...

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