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O'LEARY v. SECURITIES AND EXCHANGE COMMISSION

No. 22494.

424 F.2d 908 (1970)

Mark E. O'LEARY, et al., Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 1970.

Attorney(s) appearing for the Case

Mr. James E. McLaughlin, Pittsburgh, Pa., with whom Mr. William R. Caroselli, Pittsburgh, Pa., was on the brief, for petitioners.

Mr. Donald M. Feuerstein, Asst. General Counsel, Securities and Exchange Commission, with whom Messrs. Philip A. Loomis, Jr., General Counsel, and David Ferber, Solicitor, Securities and Exchange Commission, were on the brief, for respondent.

Before DANAHER, Senior Circuit Judge, and TAMM and LEVENTHAL, Circuit Judges.

TAMM, Circuit Judge:

Petitioners, securities salesmen, charge that respondent abused its discretion, and acted "in total and arbitrary disregard of its own established criteria," when it "ignor[ed] the recommendation of the hearing examiner" and imposed upon them "the most drastic statutory sanctions possible."1 They identify themselves to us as salesmen who "enjoyed a good reputation, were first offenders and whose actions were in accordance...

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