ARVIDA CORPORATION v. SUGARMAN

Nos. 25345-25347.

259 F.2d 428 (1958)

ARVIDA CORPORATION et al., Petitioners, v. Honorable Sidney SUGARMAN, United States District Judge, Respondent. SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ARVIDA CORPORATION et al., Defendants.

United States Court of Appeals Second Circuit.

Decided October 2, 1958.


Attorney(s) appearing for the Case

John T. Cahill, of Cahill, Gordon, Reindel & Ohl, New York City, for petitioners and defendants, Arvida Corp. et al.

Paul Windels, Jr., Regional Administrator, Securities and Exchange Commission, New York City (William D. Moran, Asst. Regional Administrator, and John J. Devaney, Jr., Chief, Branch of Enforcement, Securities and Exchange Commission, New York City, and Thomas G. Meeker, Gen. Counsel, and Irving M. Pollack, Asst. Gen. Counsel, Securities and Exchange Commission, Washington, D. C., on the brief), for respondent and plaintiff, Judge Sugarman and Securities and Exchange Commission.

Before CLARK, Chief Judge, and LUMBARD and MOORE, Circuit Judges.


PER CURIAM.

The petition for mandamus is denied as moot. The merits relating to the application for a preliminary injunction are now being heard before the district court. For this reason there is no need of appellate decision as to the temporary restraining order or the order which vacated it.

LUMBARD, Circuit Judge (concurring).

In the light of the supervisory function of the courts of appeals over the administration...

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