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SECURITIES AND EXCHANGE COMMISSION v. BOREN

Nos. 24-25, Docket Nos. 26105-26106.

283 F.2d 312 (1960)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. James B. BOREN, Defendant-Appellant, and Belmont Oil Corporation, Joel A. Fox, National Registrar and Transfer Company, Peerless-New York Incorporated, Edward Cantor, Michael Canter, Morris J. Reiter d/b/a M. J. Reiter Company, Myron Rosenthal and Howard Stolle d/b/a H. G. Stolle and Company, Carlton Securities, Inc., David Mandel, Harry Cohen, Abe Bigelison, and The First National Bank of Wichita Falls, Texas, Defendants. SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. James B. BOREN, Defendant-Appellant, and Belmont Oil Corporation, Joel A. Fox, Vince Schwenoha, Helen Schwenoha, Peerless-New York Incorporated, Morris J. Reiter d/b/a M. J. Reiter Company, Myron Rosenthal and Howard G. Stolle d/b/a H. G. Stolle and Company, and Carlton Securities, Inc., Defendants.

United States Court of Appeals Second Circuit.

Decided October 27, 1960.

Attorney(s) appearing for the Case

Thomas G. Meeker, General Counsel, David Ferber, Asst. General Counsel, Theodore Zimmerman, Attorney, Securities and Exchange Commission, Washington, D. C., for plaintiff-appellee.

Moss, Wels & Marcus, New York City (Richard H. Wels, James L. Adler, Jr., New York City, of counsel), for defendant-appellant.

Before HINCKS, WATERMAN and MOORE, Circuit Judges.

PER CURIAM.

Appellant, pending final determination on the merits of the allegations contained in an SEC complaint, was enjoined from selling shares of the Belmont Oil Corporation in interstate commerce and from obtaining money or property through such sales by means of untrue statements of material facts or by means of omission to state material facts necessary to make these statements not misleading ones. The complaint alleges that the abuses complained of commenced...

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