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MEDICAL COM. FOR HUMAN RTS. v. SECURITIES & EXCH. COM'N

No. 23105.

432 F.2d 659 (1970)

MEDICAL COMMITTEE FOR HUMAN RIGHTS, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 1970.

Petition for Rehearing Denied August 26, 1970.

Attorney(s) appearing for the Case

Mr. Roberts B. Owen, Washington, D. C., with whom Messrs. Edwin M. Zimmerman, Richard B. Herzog and Paul S. Hoff, Washington, D. C., were on the brief, for petitioner.

Mr. Richard E. Nathan, Special Counsel, Securities and Exchange Commission, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Philip A. Loomis, Jr., General Counsel, and David Ferber, Solicitor, Securities and Exchange Commission, were on the brief, for respondent.

Before McGOWAN, TAMM, and ROBINSON, Circuit Judges.

TAMM, Circuit Judge:

The instant petition presents novel and significant questions concerning implementation of the concepts of corporate democracy embodied in section 14 of the Securities Exchange Act of 1934, and of the power of this court to review determinations of the Securities and Exchange Commission made pursuant to its proxy rules. For reasons to be stated more fully below, we hold that the Commission's action in the present case is reviewable, and that the...

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