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NADLER v. SECURITIES AND EXCHANGE COMMISSION

No. 22, Docket 26810.

296 F.2d 63 (1961)

Aaron M. NADLER, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent, Securities Corporation General, Intervenor, Dynamics Corporation of America, Intervenor.

United States Court of Appeals Second Circuit.

Decided October 31, 1961.

Attorney(s) appearing for the Case

Cameron I. Kay, of Hale, Kay & Grant, New York City, for petitioner.

Mitchell S. Rieger, Associate Gen. Counsel, Securities and Exchange Commission, Washington, D. C. (Allan F. Conwill, Gen. Counsel, and Paul J. Kemp, Atty., Securities and Exchange Commission, Washington, D. C., on the brief), for respondent.

Bernard D. Cahn, New York City (Arthur W. Murphy and Stephen F. Selig, New York City, on the brief), for intervenor Securities Corporation General.

Bruce Bromley, of Cravath, Swaine & Moore, New York City (Allen F. Maulsby, Alan R. Finberg, and John W. Barnum, of Cravath, Swaine & Moore, New York City, on the brief), for intervenor Dynamics Corporation of America.

Before CLARK, WATERMAN, and MOORE, Circuit Judges.

PER CURIAM.

On December 30, 1959, the Securities and Exchange Commission, pursuant to § 17(b) of the Investment Company Act of 1940, 15 U.S.C. § 80a — 17(b), granted an exemption of § 17(a) thereof, 15 U.S.C. § 80a — 17(a), for a proposed sale by Securities Corporation General to Dynamics Corporation of America of its stock holdings in a third corporation (Anemostat Corporation of America), and also pursuant to § 23(c)(3) of...

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