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CITY OF LAFAYETTE, LOUISIANA v. SECURITIES & EXCH. COM'N

No. 71-1337.

481 F.2d 1101 (1973)

CITY OF LAFAYETTE, LOUISIANA, and City of Plaquemine, Louisiana, Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent, Middle South Utilities, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1973.

Attorney(s) appearing for the Case

Denis McInerney, New York City, with whom Daniel James, New York City, was on the brief, for intervenor. Donald J. Mulvihill, Washington, D. C., also entered an appearance for intervenor.

Robert C. McDiarmid, Washington, D. C., with whom George Spiegel, Washington, D. C., was on the brief, for petitioners.

David Ferber, Solicitor, S. E. C., with whom Solomon Freedman and Aaron Levy, Attys., Div. of Corporate Regulation, S. E. C., were on the brief for respondent.

Before BAZELON, Chief Judge, and McGOWAN and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

The Cities of Lafayette and Plaquemine, Louisiana, ("Cities") seek review of two orders of the Securities and Exchange Commission entered in the course of an acquisition proceeding under section 10(b) (1) of the Public Utility Holding Company Act of 1935, 15 U. S.C. § 79j(b)(1). We postponed disposition pending guidance from the Supreme Court in its review of our opinion in City of Lafayette v. SEC & FPC, 147 U.S.App.D.C. 98,

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