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SECURITIES AND EXCHANGE COM'N v. S & P NATIONAL CORP.

No. 424, Docket 30488.

360 F.2d 741 (1966)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Respondent, v. S & P NATIONAL CORPORATION, Smith-Palmer Machine Corporation, Southwest International Corporation, Defendants-Appellants, David M. Milton and Ralph E. Still, Defendants.

United States Court of Appeals Second Circuit.

Decided May 10, 1966.

Attorney(s) appearing for the Case

Martin I. Shelton, New York City (Shea, Gallop, Climenko & Gould, New York City, Milton S. Gould, New York City, on the brief), for defendants-appellants.

Richard V. Bandler, Asst. Regional Admr. (Philip A. Loomis, Jr., Gen. Counsel, Meyer Eisenberg, Sp. Counsel, David Myerson, Atty., Washington, D. C., Llewellyn P. Young, Regional Admr., Jerome H. Grossman, Atty., New York City, Securities and Exchange Commission, on the brief), for plaintiff-respondent.

Before LUMBARD, Chief Judge, and MOORE and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

This case raises the propriety of two orders of the District Court for the Southern District of New York entered at the instance of the Securities and Exchange Commission ("SEC"). One order granted a preliminary injunction restraining the three appellant corporations, inter alia, in the operation of their business as investment companies, and appointed Leslie Kirsch as receiver and trustee; the other authorized Mr. Kirsch to sell certain...

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