SECURITIES & EXCH. COM'N v. AMERICAN BERYLLIUM & OIL CORP.

No. 68 Civ. 1939.

303 F.Supp. 903 (1968)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. AMERICAN BERYLLIUM & OIL CORPORATION et al., Defendants.

United States District Court S. D. New York.

July 3, 1968.


Attorney(s) appearing for the Case

Mahlon M. Frankhauser, Regional Administrator, New York City, Atty. for plaintiff, David B. Bliss, Asst. Regional Administrator, Donald N. Malawsky, Marvin G. Pickholz, New York City, of counsel.

Saul Horing, New York City, for defendants American Beryllium & Oil Corp. and Aagaard.

Jerome Lewis, William P. Ruffa, New York City, for defendant Von Hesse.

Cally & Cally, New York City, for defendant Persoff; Frank R. Cally, New York City, of counsel.

Rothman, Newfield & Miller, New York City, for defendant Gottlieb; Bernard Rothman, New York City, of counsel.

Archibald Palmer, New York City, for defendant Williams.

Louis Vernell, Miami Beach, Fla., for defendants Vernell, Burnett, Davanzo, Western Minerals, Inc. and Imperial Sulphur and Minerals Corp.


OPINION

McLEAN, District Judge.

This is an action to enjoin alleged violations of the Securities Act of 1933 and the Securities Exchange Act of 1934. The complaint contains four counts. Briefly stated, plaintiff Securities and Exchange Commission charges that all defendants have (1) sold unregistered stock of American Beryllium & Oil Corporation (ABO) in violation of Sections 5(a) and 5(c) of the 1933 Act...

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