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SECURITIES & EXCH. COM'N v. VARIABLE ANNUITY L. INS. CO.

Nos. 14253, 14254.

257 F.2d 201 (1958)

SECURITIES AND EXCHANGE COMMISSION, Appellant, v. VARIABLE ANNUITY LIFE INSURANCE COMPANY OF AMERICA, Inc., and Equity Annuity Life Insurance Company, Appellees. NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC., Appellant, v. VARIABLE ANNUITY LIFE INSURANCE COMPANY OF AMERICA, Inc., and Equity Annuity Life Insurance Company, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 22, 1958.

Certiorari Granted October 13, 1958.

Attorney(s) appearing for the Case

Mr. Myer Feldman, Special Counsel, Securities and Exchange Commission, with whom Messrs. Thomas G. Meeker, General Counsel, Securities and Exchange Commission, and Pace Reich, Attorney, Securities and Exchange Commission, were on the brief, for appellant in No. 14,253.

Mr. John H. Dorsey, Washington, D. C., with whom Messrs. John W. Lindsey, Bolling R. Powell, Jr., and Edward G. Howard, Washington, D. C., were on the brief, for appellant in No. 14,254.

Messrs. James M. Earnest, Washington, D. C., and Roy W. McDonald, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, for appellee Variable Annuity Life Ins. Co. of America, Inc.

Mr. Benjamin H. Dorsey, Washington, D. C., with whom Messrs. Smith W. Brookhart and Ralph E. Becker, Washington, D. C., were on the brief, for appellee Equity Annuity Life Ins. Co.

Before WILBUR K. MILLER and DANAHER, Circuit Judges, and MADDEN, Judge, United States Court of Claims.

Certiorari Granted October 13, 1958. See 79 S.Ct. 63.

MADDEN, Judge.

Securities and Exchange Commission, (SEC), brought suit in the District Court seeking an injunction restraining Variable Annuity Life Insurance Company of America, Inc., (VALIC), from selling or offering for sale certain contracts or policies unless and until the contracts or policies were registered with SEC in accordance with section 5 of the Securities Act of 1933, 48 Stat. 74, 77, 15...

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