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M. G. DAVIS & CO. v. COHEN

No. 230, Docket 30812.

369 F.2d 360 (1966)

M. G. DAVIS & CO., Inc., Lawrence Levine, Walter Wax and Morris Kopel, Plaintiffs-Appellants, v. Manuel F. COHEN, as Chairman, Byron D. Woodside, Hugh F. Owens, Hamer H. Budge and Francis M. Wheat, as members and Commissioners of the Securities and Exchange Commission, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 23, 1966.

Attorney(s) appearing for the Case

Irving Galt, New York City (Benjamin Heller, and Kreutzer, Heller, Selman & Galt, New York City, on the brief), for plaintiffs-appellants.

Ellwood L. Englander, Asst. Gen. Counsel, S. E. C., Washington, D. C. (Philip A. Loomis, Jr., Gen. Counsel, and Richard E. Nathan, S. E. C., Washington, D. C. and Joseph C. Daley, Chief Enforcement Atty., New York City, on the brief), for defendants-appellees.

Before WATERMAN, HAYS and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

This is an action against the individual members of the Securities and Exchange Commission1 by a registered broker-dealer, its two sole stockholders and a securities salesman. The appellants complained that the Commission had unlawfully refused to allow M. G. Davis & Co., Inc. to withdraw as a registered securities dealer-broker under Sec. 15(b) of the Securities Exchange Act of 1934, 48 Stat. 896, as amended...

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