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APPALACHIAN POWER CO. v. AMERICAN INS. OF CERTIFIED PUBLIC ACCOUNTANTS

Docket 25715.

268 F.2d 844 (1959)

APPALACHIAN POWER COMPANY, Ohio Power Company and Indiana & Michigan Electric Company, Plaintiffs-Appellants, v. AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS, L. H. Penney, William W. Werntz and Carman G. Blough, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 17, 1959.

Attorney(s) appearing for the Case

Whitney North Seymour, of Simpson, Thacher & Bartlett, New York City (Richard M. Dicke and William J. Manning, of Simpson, Thacher & Bartlett, New York City, on the brief), for plaintiffs-appellants.

Howard C. Westwood, of Covington & Burling, Washington, D. C. (Fontaine C. Bradley, Stanley L. Temko, George C. Christie, and Phil R. Stansbury, of Covington & Burling, Washington, D. C., on the brief), for defendants-appellees.

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

PER CURIAM.

On a theory of prima facie tort, plaintiffs seek to enjoin defendants, a professional association of accountants and several of its officers, from distributing to its members and others a letter to the effect that the Institute considers certain accounting procedures improper. Plaintiffs allege that in the preparation of this letter the Institute disregarded its usual practice of circulating proposed opinions...

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