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KIXMILLER v. SECURITIES AND EXCHANGE COMMISSION

No. 72-1285.

492 F.2d 641 (1974)

Bruce C. KIXMILLER, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 1974.

Attorney(s) appearing for the Case

Carl L. Shipley, Washington, D.C., for petitioner. John Barry Donohue, Jr., Washington, D.C., was on the brief for petitioner.

Richard E. Nathan, Asst. Gen. Counsel, S.E.C., with whom Walter North, Acting Gen. Counsel, David Ferber, Sol., and David J. Romanski, Atty., S.E.C., were on the brief, for respondent.

Before TAMM, ROBINSON and ROBB, Circuit Judges.

PER CURIAM:

Petitioner seeks review in this court of advice informally given a corporation by the staff of the Securities and Exchange Commission. The advice was that the staff, for reasons stated, would not recommend action by the Commission respecting the contemplated exclusion from management's proxy materials of a stockholder's proposals for action at a stockholders' meeting. The Commission has refused either to examine the staff's view of the matter or to express...

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