HOLMES v. EDDY

Nos. 9511, 9543.

341 F.2d 477 (1965)

John V. HOLMES and Hydramotive Manufacturing Corporation, Appellants, v. Jay EDDY, Harris, Upham & Company, John Doe, Martin V. Miller, Thomas W. Rae, M. David Hyman, Walter C. Johnson, William Lucius Cary, and United States Securities and Exchange Commission, Appellees. John V. HOLMES, Durward E. Willis, Solo Tire Company, Hydramotive Corporation, Hydramotive Manufacturing Corporation, Hydramotive Engineering Corporation et al., Appellants, v. UNITED STATES of America, United States Securities and Exchange Commission, William Lucius Cary, Manuel F. Cohen, Thomas W. Rae, Martin V. Miller et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 18, 1965.


Attorney(s) appearing for the Case

John V. Holmes, appellant pro se.

No. 9511:

John A. Dudley, Atty., Securities and Exchange Commission (Philip A. Loomis, Jr., Gen. Counsel, Walter P. North, Assoc. Gen. Counsel, and Martin D. Newman, Atty., Securities and Exchange Commission, on brief), for appellee Securities and Exchange Commission.

Henry James, Jr., Charlotte, N. C. (William R. Cooper, Charlotte, N. C., on brief), for appellees Jay Eddy and Harris, Upham & Co. No. 9543:

John A. Dudley, Special Counsel, Securities and Exchange Commission (Philip A. Loomis, Jr., Gen. Counsel, Walter P. North, Assoc. Gen. Counsel, and Martin D. Newman, Atty., Securities and Exchange Commission, and William Medford, U. S. Atty., on brief), for appellee Securities and Exchange Commission.

Before SOBELOFF, Chief Judge, BRYAN, Circuit Judge, and GORDON, District Judge.


PER CURIAM.

As both of these cases, i. e. Nos. 9511 and 9543, arose from substantially the same facts, and were argued at the same time before the Court, the cases are consolidated for decision by the Court.

The plaintiffs named in both of the subject actions were engaged either directly or indirectly in the development of an automobile and tire. In order to promote their endeavors, the plaintiff sought to market stock. The Securities and Exchange Commission...

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