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SECURITIES AND EXCHANGE COMMISSION v. MAY

134 F.Supp. 247 (1955)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Mitchell MAY, Jr., Alfred W. Parry, Wilbur E. Dow, Jr., individually and as members of Independent Stockholders Committee of Libby, McNeill & Libby, and Libby, McNeill & Libby, a corporation, Defendants.

United States District Court S. D. New York.

August 15, 1955.

Attorney(s) appearing for the Case

William H. Timbers, Washington, D. C., Bruce L. Carson, Chicago, Ill., Ezra Weiss, New York City, Alfred Letzler, Arlington, Va., of counsel, for the Securities Exchange Commission.

Gordon, Brady, Caffrey & Keller, New York City, for individual defendants Mitchell May, Jr., Alfred W. Parry, Jr., Wilbur E. Dow, Jr., individually and as Members of Independent Stockholders Committee of Libby, McNeill & Libby, Leo Brady, New York City, of counsel.

Breed, Abbott & Morgan, New York City, for defendant Libby, McNeill & Libby, Thornton C. Land, Thomas W. Kelly, New York City, of counsel.

LUMBARD, Circuit Judge.

This is a motion by the Securities and Exchange Commission to enjoin preliminarily Mitchell May, Jr., Alfred W. Parry, Jr., and Wilbur E. Dow, Jr., individually and as members of an Independent Stockholders Committee of Libby, McNeill & Libby from soliciting through the mail or in interstate commerce any proxies in respect to the common stock of Libby, McNeill & Libby by means of any proxy...

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