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PHILLIPS v. SECURITIES AND EXCHANGE COMMISSION

No. 7.

153 F.2d 27 (1946)

PHILLIPS v. SECURITIES AND EXCHANGE COMMISSION et al.

Circuit Court of Appeals, Second Circuit.

January 7, 1946.

Attorney(s) appearing for the Case

Randolph Phillips, of New York City (Julien Cornell, of New York City, on the brief), pro se.

Roger S. Foster, Sol., Securities and Exchange Commission, of Philadelphia, Pa. (Morton E. Yohalem, Counsel, Public Utilities Div., and Harry G. Slater and Arnold R. Ginsburg, Attys., Securities and Exchange Commission, all of Philadelphia, Pa., on the brief), for respondent Securities and Exchange Commission.

Clarence A. Southerland, of Wilmington, Del. (Whitman, Ransom, Coulson & Goetz, Richard Joyce Smith, and William T. Farley, all of New York City, on the brief), for respondent United Corporation.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This is a petition to review orders of the Securities and Exchange Commission under § 11(e) of the Public Utility Holding Company Act of 1935, 15 U.S.C.A. § 79k (e), authorizing and directing the United Corporation to effect a plan for the redemption of a portion of its preferred stock. The United Corporation, a Delaware corporation, is the top unit of a holding-company system and a registered holding company under § 5 of the Act...

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