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INTERNATIONAL WASTE CONTROLS, INC. v. SECURITIES AND EXCHANGE COMMISSION

No. 309, Docket 73-2093.

485 F.2d 1238 (1973)

INTERNATIONAL WASTE CONTROLS, INC., et al., Appellants, v. SECURITIES AND EXCHANGE COMMISSION et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided October 11, 1973.

Attorney(s) appearing for the Case

Arnold I. Burns, New York City (Schwartz, Mermelstein, Burns, Lesser & Jacoby, New York City, Stuart G. Schwartz, Allan A. Pines, New York City, Steven M. Turkowitz, Rockville Centre, N. Y., of counsel), for appellants.

David Ferber, Sol., Washington, D. C. (Lawrence E. Nerheim, Gen. Counsel, Michael A. Macchiaroli, Atty., Securities & Exchange Commission, Washington, D. C., on the brief), for appellees.

Before MOORE, MULLIGAN and OAKES, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the United States District Court for the Southern District of New York, Hon. Charles H. Tenney, granting the motion of the Securities and Exchange Commission to dismiss the complaint and denying plaintiffs' motion for a preliminary injunction. The plaintiffs sought to enjoin a Commission investigation which clearly was within its jurisdiction. The Commission has also moved in...

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