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SECURITIES & EXCH. COM'N v. EVEREST MANAGEMENT CORP.

No. 239, Docket 72-1782.

475 F.2d 1236 (1972)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. EVEREST MANAGEMENT CORPORATION et al., Defendants-Appellees, Competitive Associates, Inc. and Competitive Capital Corporation, Applicants for Intervention-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 18, 1972.

Attorney(s) appearing for the Case

Meyer Eisenberg, Washington, D. C. (D. Barry Morris and Lawler, Sterling & Kent, Washington, D. C., on the brief), for applicants for intervention-appellants.

Milton S. Gould, New York City, for defendants-appellees, Laventhol, Krekstein, Horwath & Horwath.

Paul Gonson, Asst. Gen. Counsel, SEC, Washington D. C. (Walter P. North, Acting Gen. Counsel, David Ferber, Solicitor, and John M. Turner, Jr., Atty., SEC, Washington, D. C., on the brief), for plaintiff-appellee.

Before MOORE, MULLIGAN and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

This appeal presents the question whether victims of alleged securities fraud are entitled to intervene in an SEC enforcement action as of right under Fed.R.Civ.P. 24(a)(2) or, alternatively, whether the district court abused its discretion in denying permissive intervention under Fed.R.Civ.P. 24(b)(2). We hold that appellants were not entitled to intervene as of right and the district court did not abuse its discretion in denying permissive...

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