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SECURITIES INVESTOR PRO. CORP. v. CHARISMA SEC. CORP.

Nos. 119, 120, Dockets 74-1511, 74-1564.

506 F.2d 1191 (1974)

SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff-Appellant, v. CHARISMA SECURITIES CORPORATION, Defendant, Edwin L. Gasperini, Petitioner-Appellant, Gasperini & Savage, Petitioner-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 21, 1974.

Attorney(s) appearing for the Case

Theodore H. Focht, Gen. Counsel, Securities Investor Protection Corp., Washington, D. C. (Wilfred R. Caron, Michael E. Don and Robert G. Richardson, Washington, D. C., on the brief), for Securities Investor Protection Corp.

Edwin L. Gasperini, New York City (Gasperini & Savage, New York City, on the brief), pro se and for Gasperini & Savage.

Before KAUFMAN, Chief Judge, and ANDERSON and MULLIGAN, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

Of the many appeals we have heard regarding awards of trustee and counsel fees in bankruptcy proceedings, this is the first to arise in the context of the Securities Investor Protection Act of 1970 [SIPA], 15 U.S.C. §§ 78aaa et seq. (1970). The Act provides a scheme for the orderly liquidation of failed securities brokerage firms and for the financial protection of their customers. Its main feature is a fund of some $150 million...

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