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SECURITIES AND EXCHANGE COMMISSION v. MAY

No. 222, Docket 23843.

229 F.2d 123 (1956)

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

United States Court of Appeals Second Circuit.

Decided January 11, 1956.

Attorney(s) appearing for the Case

William H. Timbers, Gen. Counsel, Securities & Exchange Comm., Washington, D. C. (Bruce L. Carson, Asst. Gen. Counsel, Alexander Cohen, Sp. Counsel, Washington, D. C., and Ezra Weiss, Atty., New York City, Securities and Exchange Commission, on the brief), for plaintiff-appellee.

Leo Brady, New York City (Gordon, Brady, Caffrey & Keller, New York City, on the brief), for defendants-appellants.

Charles H. Tuttle, New York City (Breed, Abbott & Morgan, Thornton C. Land, Thomas W. Kelly, and Charles T. Hall, New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.

CLARK, Chief Judge.

The Securities and Exchange Commission on August 16, 1955, obtained a preliminary injunction against defendant members of an "Independent Stockholders Committee of Libby, McNeill & Libby" — an anti-management stockholders group — (1) enjoining these defendants from soliciting voting proxies by means of false and misleading statements and without disclosing the names of all persons for whom solicitation was being made, (2) enjoining...

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