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SEC. AND EX. COM'N v. ADVANCE GROWTH CAPITAL CORP.

No. 75-2022.

539 F.2d 649 (1976)

SECURITIES AND EXCHANGE COMMISSION, Plaintiffs-Appellees, v. ADVANCE GROWTH CAPITAL CORPORATION et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 13, 1976.

Attorney(s) appearing for the Case

N. A. Giambalvo, Chicago, Ill., for defendants-appellants.

David Ferber, Sol., Frederick B. Wade, Atty., SEC, Washington, D. C., for plaintiffs-appellees.

Before PELL, TONE and BAUER, Circuit Judges.

TONE, Circuit Judge.

Defendants have moved under Rule 60(b)(5), Fed.R.Civ.P., to vacate a permanent injunction entered against them pursuant to sections 36 and 42(e) of the Investment Company Act of 1940, 15 U.S.C. §§ 80a-35, -41(e). That injunction was issued pursuant to a mandate supplemented by a writ of mandamus issued by this court. The issues before us are (1) whether the District Court had authority to consider defendants' motion in the absence of...

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