PHILLIPS v. SECURITIES AND EXCHANGE COMMISSION

Nos. 57, 58, Dockets 20523, 21078.

171 F.2d 180 (1948)

PHILLIPS v. SECURITIES AND EXCHANGE COMMISSION et al. PHILLIPS et al. v. UNITED CORPORATION.

United States Court of Appeals Second Circuit.

December 6, 1948.


Attorney(s) appearing for the Case

Randolph Phillips, of New York City, petitioner and plaintiff-appellant, pro se.

Roger S. Foster, Gen. Counsel, Securities and Exchange Commission, of Washington, D. C. (William R. Nowlin, Sp. Counsel, and Alfred Hill, Atty., Securities and Exchange Commission, both of Washington, D. C., on the brief), for respondent Securities and Exchange Commission in first appeal.

Richard Joyce Smith, of New York City (Whitman, Ransom, Coulson & Goetz and William T. Farley, all of New York City, on the brief in the first appeal; Whitman, Ransom, Coulson & Goetz and Forbes D. Shaw, all of New York City, on the brief in the second appeal), for respondent and defendant-appellee United Corporation in both appeals.

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


CLARK, Circuit Judge.

Randolph Phillips, petitioner in the first appeal here and one of the plaintiffs-appellants in the other, is a stockholder in The United Corporation, a public utility holding company registered under the Public Utility Holding Company Act of 1935, 49 Stat. 838, 15 U.S.C.A. § 79. In 1943, the Securities and Exchange Commission, acting under the "death-sentence" provision of that Act, § 11, 15 U.S.C.A. § 79k, ordered that United...

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