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SEC v. UNITED BENEFIT LIFE INS. CO.

No. 428.

387 U.S. 202 (1967)

SECURITIES AND EXCHANGE COMMISSION v. UNITED BENEFIT LIFE INSURANCE CO.

Supreme Court of United States.

Decided May 22, 1967.

Attorney(s) appearing for the Case

Solicitor General Marshall argued the cause for petitioner. With him on the brief were Robert S. Rifkind, Philip A. Loomis, Jr., Solomon Freedman, Walter P. North and Jacob H. Stillman.

Daniel J. McCauley, Jr., argued the cause for respondent. With him on the brief were Morris L. Weisberg and Donald F. Evans.

Joseph B. Levin, Robert L. Augenblick and Marc A. White filed a brief for the Investment Company Institute et al., as amici curiae, urging reversal.

MR. JUSTICE HARLAN delivered the opinion of the Court.

This action was initiated by the Securities and Exchange change Commission to enjoin respondent (United) from offering its "Flexible Fund Annuity" contract without undertaking the registration required by § 5 of the Securities Act of 1933,1 and to compel United to register the "Flexible Fund" itself as an "investment company" pursuant...

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