ALABAMA ELECTRIC COOP., INC. v. SECURITIES & EXCHANGE COM'N

No. 19403.

353 F.2d 905 (1965)

ALABAMA ELECTRIC COOPERATIVE, INC., Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent, Alabama Power Company and The Southern Company, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided November 24, 1965.


Attorney(s) appearing for the Case

Mr. Bennett Boskey, Washington, D. C., with whom Mr. Joseph Volpe, Jr., Washington, D. C., was on the brief, for petitioner.

Mr. Ellwood L. Englander, Asst. Gen. Counsel, Securities and Exchange Commission, with whom Messrs. Philip A. Loomis, Jr., Gen. Counsel, and David Ferber, Solicitor, Securities and Exchange Commission, were on the brief, for respondent. Mr. Robert W. Cox, Atty., Securities and Exchange Commission, also entered an appearance for respondent.

Mr. John Bingham, Birmingham, Ala., of the bar of the Supreme Court of Alabama, pro hac vice, by special leave of court, with whom Mr. Ezekiel G. Stoddard, Washington, D. C., was on the brief, for intervenors.

Before EDGERTON and WILBUR K. MILLER, Senior Circuit Judges, and McGOWAN, Circuit Judge.


WILBUR K. MILLER, Senior Circuit Judge.

On January 21, 1965, The Southern Company, a registered holding company,1 and certain of its public utility subsidiaries including Alabama Power Company, filed with the Securities and Exchange Commission a joint application-declaration seeking authorization for the issue by Alabama Power and the purchase by Southern of 140,000 shares of common stock for...

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