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UNITED STATES v. ROBERTSON

181 F.Supp. 158 (1959)

UNITED STATES of America, v. Thomas E. ROBERTSON, American-Canadian Oil & Drilling Corporation, Thomas E. Robertson Company, Inc., Defendants.

United States District Court S. D. New York.

December 4, 1959.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty., for S. D. New York, New York City, for the United States, Anthony R. Palermo, Asst. U. S. Atty., Rochester, N. Y., of counsel.

Walter & Tepper, Brooklyn, N. Y., for defendants, Julian C. Tepper, Brooklyn, N. Y., of counsel.

HERLANDS, District Judge.

Novel questions involving the interpretation of the following two penal provisions of the Securities Act of 1933 [15 U.S.C.A. § 77e(a) (1) and § 77q(a) (1)] are raised by defendants' motion to dismiss various counts of a twenty-count indictment:

Section 77e(a) (1) "(a) Unless a registration statement is in effect as to a security, it shall be unlawful for any...

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