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SECURITIES & EXCHANGE COM'N v. MANOR NURSING CTRS., INC.

Nos. 407-409, Dockets 71-2011, 71-2012, 71-2026.

458 F.2d 1082 (1972)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. MANOR NURSING CENTERS, INC., et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 21, 1972.

Attorney(s) appearing for the Case

Walter P. North, Associate Gen. Counsel, and Harvey L. Pitt, Special Counsel, SEC, Washington, D. C. (G. Bradford Cook, Gen. Counsel, Frederic T. Spindel and Thomas R. Beirne, Attys., Washington, D. C., and William Nortman, Atty., New York City, on the brief), for appellee Securities and Exchange Commission.

Lawson F. Bernstein, New York City (Harold B. Obstfeld and Charles J. Hecht, New York City, on the brief), for appellants Manor Nursing Centers, Inc., Capital Cities Nursing Centers, Inc., Ira Feinberg, Manor Construction Company, Samuel Feinberg, Suzanne Marnane and Gladys Halford.

Richard F. Horowitz, New York City (Jacob W. Heller, Howard L. Mann, and Weiss, Bronston, Rosenthal, Heller & Schwartzman, New York City, on the brief), for appellants Ivan Ezrine, Glendale, Inc. and Atlantic Services, Inc.

Bernard Jay Coven, New York City, for appellants Christos Netelkos, Method Leasing Corporation and Upton Corporation.

Nathan D. Lobell, New York City, Court Appointed Trustee, pro se.

Before ANDERSON, OAKES and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

These appeals present again questions with respect to the scope of the antifraud provisions and of the prospectus-delivery requirement of the federal securities laws. Also involved is the type of ancillary relief necessary to effectuate the broad remedial purposes of the federal securities laws.

The Securities and Exchange Commission brought this action pursuant to Section 22(a) of the Securities Act of 1933, 15 U.S.C. § 77v(a...

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