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HENNESEY v. SECURITIES AND EXCHANGE COMMISSION

No. 13384.

293 F.2d 48 (1961)

Dorothy HENNESEY, Doing Business as Hennesey & Co., Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent, The Great American Life Underwriters, Inc., Intervenor.

United States Court of Appeals Third Circuit.

Decided July 21, 1961.

Rehearing Denied August 17, 1961.

Attorney(s) appearing for the Case

deQuincy V. Sutton, Meridan, Miss., Abraham H. Carchman, Newark, N. J., for appellant.

George P. Michaely, Jr., Washington, D. C. (Walter P. North, General Counsel, Ellwood L. Englander, Special Counsel, Securities and Exchange Commission Washington, D. C., on the brief), for respondent.

Abe Fortas, Washington, D. C. (G. Duane Vieth, Stuart J. Land, Arnold, Fortas & Porter, Washington, D. C., Louis F. Gillespie, Gillespie, Burke & Gillespie, Springfield, Ill., on the brief), for intervenor.

Before BIGGS, Chief Judge, and GOODRICH and FORMAN, Circuit Judges.

BIGGS, Chief Judge.

This is a petition brought by Hennesey for review of an order of the Securities and Exchange Commission exempting The Great American Life Underwriters, Inc. (Underwriters) from the provisions of the Investment Company Act of 1940, 15 U.S.C.A. § 80a-1 et seq. from and after January 1, 1941, the effective date of the Act. A brief outline of the facts is as follows.

On December 30, 1940 Underwriters registered with the Commission pursuant...

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