SECURITIES AND EXCHANGE COM'N v. TALLEY INDUSTRIES, INC.

No. 573, Docket 32506.

399 F.2d 396 (1968)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellant, v. TALLEY INDUSTRIES, INC., American Investors Fund, Inc., Chestnutt Corporation, and General Time Corporation, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided July 31, 1968.

Certiorari Denied January 13, 1969.


Attorney(s) appearing for the Case

John A. Dudley, Special Counsel (Philip A. Loomis, Jr., General Counsel, David Ferber, Solicitor, Anthony A. Vertuno, Janet G. Gamer, Attys., Securities and Exchange Commission, Washington, D. C., Mahlon M. Frankhauser, Regional Administrator, Richard V. Bandler, Associate Regional Administrator, Edwin H. Nordlinger, Attorney, New York City, of counsel), for Securities and Exchange Commission.

Clendon H. Lee, New York City, (O'Connor & Farber, New York City, of Counsel), for defendants-appellees American Investors Fund, Inc. and Chestnutt Corporation.

P. G. Pennoyer, Jr., New York City, (Chadbourne, Parke, Whiteside & Wolff, New York City, Lawrence Kill, John G. Collins, New York City, Jerold Oshinsky and Irene C. Warshauer, New York City, of counsel), for appellee General Time Corporation.

Walter L. Stratton, New York City, (Donovan, Leisure, Newton & Irvine, New York City, Breck McAllister, Roy W. McDonald, Roger W. Kapp, Robert S. Ogden, Jr. and Ben Vinar, New York City, of counsel), for appellee Talley Industries, Inc.

Before FRIENDLY, HAYS and FEINBERG, Circuit Judges.


Certiorari Denied January 13, 1969. See 89 S.Ct. 615.

FRIENDLY, Circuit Judge:

For the second time this term, see SEC v. Sterling Precision Corporation, 2 Cir., 393 F.2d 214, we are confronted with a close question of interpretation of § 17 of the Investment Company Act of 1940, 54 Stat. 815, setting limits on "Transactions of Certain Affiliated Persons and Underwriters." On this occasion we believe the district judge...

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