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CIVIL & MILITARY INV. MUT. FUND v. SECURITIES & EXCH. COM'N

No. 15768.

288 F.2d 156 (1961)

CIVIL AND MILITARY INVESTORS MUTUAL FUND, INC., Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided February 23, 1961.

Attorney(s) appearing for the Case

Mr. Merle Thorpe, Jr., Washington, D. C., with whom Mr. Donald E. Schwartz, Washington, D. C., was on the brief, for petitioner.

Mr. Joseph B. Levin, Asst. General Counsel, Securities and Exchange Commission, for respondent. Mr. Thomas G. Meeker, General Counsel, Securities and Exchange Commission, at the time the record was filed, also entered an appearance for respondent.

Before BAZELON, FAHY and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

Petitioner Civil and Military Investors Mutual Fund, Inc., seeks review of an order of the respondent Securities and Exchange Commission declaring petitioner's name to be deceptive and misleading in violation of Section 35(d) of the Investment Company Act of 1940, 54 Stat. 840, 15 U.S.C.A. § 80a-34(d). That section makes it unlawful for "any registered investment company hereafter to adopt as a part of the name or title of such company...

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