OTIS & CO. v. SECURITIES AND EXCHANGE COMMISSION

No. 10058.

176 F.2d 34 (1949)

OTIS & CO. v. SECURITIES AND EXCHANGE COMMISSION et al.

United States Court of Appeals District of Columbia Circuit.

Decided June 1, 1949.

Writ of Certiorari Granted October 17, 1949.


Attorney(s) appearing for the Case

Messrs. Thurman Arnold, Washington, D.C. and Joseph L. Weiner, New York City, with whom Messrs. Abe Fortas, Milton V. Freeman, and Norman Diamond, Washington, D. C., were on the brief, for appellant.

Mr. Louis Loss, Associate General Counsel, Securities & Exchange Commission, Washington, D.C., with whom Messrs. Edward H. Cashion, E. Russel Kelly, C. J. Odenweller, Jr., and Alfred Hill, Attorneys, Securities & Exchange Commission, Washington, D.C., were on the brief, for appellees.

Before STEPHENS, Chief Judge, and WILBUR K. MILLER and PROCTOR, Circuit Judges.


Writ of Certiorari Granted October 17, 1949. See 70 S.Ct. 89.

WILBUR K. MILLER, Circuit Judge.

Otis & Company, an investment banking house, was one of three underwriters which contracted to purchase an issue of common stock of Kaiser-Frazer Corporation. Among the conditions precedent in the underwriting agreement was that on February 9, 1948, the closing day, there should be no material litigation pending against Kaiser-Frazer. On the morning of that day...

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