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COMMITTEE FOR COM. STOCK v. SECURITIES AND E. COM'N

No. 218, Docket 21915.

188 F.2d 897 (1951)

COMMITTEE FOR COMMON STOCKHOLDERS OF THE UNITED CORP. v. SECURITIES AND EXCHANGE COMMISSION et al.

United States Court of Appeals Second Circuit.

Decided April 30, 1951.

Attorney(s) appearing for the Case

Marks & Marks, New York City (Joseph B. Hyman, Alexandria, Va., of counsel), for petitioner.

Whitman, Ransom, Coulson & Goetz (Richard Joyce Smith, William T. Farley and Frederick B. Lacey, all of New York City, of counsel), for respondent United Corp.

Roger S. Foster, General Counsel, David Ferber, Special Counsel, William R. Nowlin, Special Counsel, Division of Public Utilities and Elizabeth B. A. Rogers, all of Washington, D. C., for respondent, Securities and Exchange Commission.

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

AUGUSTUS N. HAND, Circuit Judge.

In 1943 the Securities and Exchange Commission (SEC), pursuant to Section 11(b) of the Public Utility Holding Company Act, 15 U.S.C.A. § 79, made an order directing the intervenor United Corporation (United) to cease to be a holding company. In November 1949 United filed an application, amended in June 1950, for approval of a plan of reorganization which purported to comply with the 1943 order.1 The...

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