IN RE ENGINEERS PUBLIC SERVICE COMPANY

No. 11310.

221 F.2d 708 (1955)

Matter of ENGINEERS PUBLIC SERVICE COMPANY. SECURITIES AND EXCHANGE COMMISSION, Appellant, v. GUGGENHEIMER & UNTERMYER, Louis Boehm, and Raymond L. Wise.

United States Court of Appeals, Third Circuit.

Decided April 5, 1955.


Attorney(s) appearing for the Case

William H. Timbers, Washington, D. C. (Myron S. Isaacs, Associate General Counsel, Washington, D. C., Myer Feldman, Special Counsel, New York City, Harlow B. Lester, Special Counsel, Securities and Exchange Commission, Washington, D. C., on the brief), for appellant.

William H. Foulk, Wilmington, Del., Alfred Berman, New York City (Philip W. Amram, Lipmann Redman, Washington, D. C., on the brief), for Guggenheimer & Untermyer.

Louis Boehm, New York City (Raymond L. Wise, New York City, on the brief), for appellees.

Before BIGGS, Chief Judge, and MARIS and KALODNER, Circuit Judges.


BIGGS, Chief Judge.

Was the Securities and Exchange Commission entitled to deny compensation to counsel for dissenting common stockholders under the circumstances of the instant case? Engineers Public Service Company, a public utility holding company, was liquidated under Section 11 (e) of the Public Utility Holding Company Act of 1935, 15 U.S.C.A. § 79k(e). Engineers had issued and outstanding both common and preferred stocks. Engineers' management took the...

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