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SECURITIES AND EXCHANGE COM'N v. CHARLES PLOHN & CO.

Nos. 1054, 1055, Dockets 71-1497, 71-1498.

448 F.2d 546 (1971)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. CHARLES PLOHN & CO., Defendant-Appellee, and Saul Edelman and William Livingston, Appellants.

United States Court of Appeals, Second Circuit.

Decided September 3, 1971.

Attorney(s) appearing for the Case

Howard Breindel, New York City (Paul J. Quinn, Jan D. Atlas, Regan, Goldfarb, Powell & Quinn, New York City, on the brief), for appellee Plohn.

Herbert A. Schectman, New York City (Mound, Belfer & Schectman, New York City, on the brief), for appellant Livingston.

Jay Goldberg, New York City, for appellant Edelman.

Before SMITH, HAYS and MANSFIELD, Circuit Judges.

HAYS, Circuit Judge:

On August 28, 1970 at the instance of the Securities and Exchange Commission the United States District Court for the Southern District of New York appointed a receiver to liquidate the assets of Charles Plohn & Co. in order to prevent diversion of its assets and "to pay all just claims of creditors" of Plohn. This court affirmed the district court's appointment of a receiver.1

The present controversy arose...

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