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SECURITIES AND EXCHANGE COMMISSION v. TEMPLAR

No. 10114.

405 F.2d 126 (1969)

SECURITIES AND EXCHANGE COMMISSION, Petitioner, v. Honorable George TEMPLAR, District Judge of the United States, District Court for the District of Kansas, Respondent.

United States Court of Appeals Tenth Circuit.

January 3, 1969.

Attorney(s) appearing for the Case

David Ferber, Sol., Securities and Exchange Commission, Washington, D. C. (Philip A. Loomis, Jr., General Counsel, Paul Gonson, Special Counsel, Thomas W. Armstrong, Attorney, Securities and Exchange Commission, Washington, D. C., Thomas B. Hart, Administrator, J. Kirk Windle, Special Counsel, Joseph L. Grant, Attorney, Securities and Exchange Commission, Chicago, Ill., on the brief), for petitioner.

Wayne Stratton, Topeka, Kan. (Alvin D. Shapiro, Kansas City, Mo., on the brief), for respondent.

Before HILL, SETH and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

The Securities and Exchange Commission has petitioned this court to mandamus the Honorable George Templar, United States District Judge for the District of Kansas, to consider a motion, made by the Commission, in a Chapter X proceeding under the Bankruptcy Act. The motion was made by the Commission in a reorganization proceeding pursuant to 11 U.S.C. § 501 et seq.1 The referee concluded that the Commission lacked...

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