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ASSOCIATION OF MASS. CONS., INC. v. UNITED STATES S.E.C.

No. 74-1325.

516 F.2d 711 (1975)

ASSOCIATION OF MASSACHUSETTS CONSUMERS, INCORPORATED, Petitioner, v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Respondent, New England Electric System Bay State Gas Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1975.

Attorney(s) appearing for the Case

James F. Fairman, Jr., Washington, D. C., with whom Allan S. Hoffman and Worth Rowley, Washington, D. C., were on the brief, for petitioner.

Grant G. Guthrie, Sp. Counsel, Securities and Exchange Commission, with whom David Ferber, Sol., and Paul Gonson, Associate Gen. Counsel, Securities and Exchange Commission, were on the brief, for respondent.

Richard B. Dunn, Westboro, Mass., was on the brief for intervenor New England Electric System. Thomas M. Debevoise, Woodstock, Vt., also entered an appearance for intervenor New England Electric System.

Douglas W. Hawes, J. Michael Parish, New York City, and Eugene R. Fidell, Washington, D. C., were on the brief for intervenor Bay State Gas Co. Harry H. Voigt, Washington, D. C., also entered an appearance for intervenor Bay State Gas Co.

Before RICHARD T. RIVES, Senior Circuit Judge for the Fifth Circuit, and McGOWAN and WILKEY, Circuit Judges.

RIVES, Senior Circuit Judge:

Without a hearing, the Securities and Exchange Commission (Hereafter referred to as "Commission") approved the final step in compliance with its order requiring the New England Electric System ("NEES") — a statutory holding company under the Public Utility Holding Company Act of 1935 (15 U.S.C. § 79) (hereinafter the Act) — to divest itself of all ownership in gas utility companies. The Association of Massachusetts Consumers...

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