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S.E.C. v. WHITE & CO., INC.

No. 76-1193.

546 F.2d 789 (1976)

In re SECURITIES AND EXCHANGE COMMISSION v. WHITE & CO., INC., et al. Morris SHENKER, Appellant, v. Hugh S. HAUCK, Trustee, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 27, 1976.

Attorney(s) appearing for the Case

Michael G. Goldstein, St. Louis, Mo., for appellant; Bernard J. Mellman, St. Louis, Mo., on brief.

Stephen P. Harbeck, Securities Investor Protection Corp., Washington, D.C., and Harry O. Moline, St. Louis, Mo., for appellees; Theodore H. Focht, Wilfred R. Caron, Michael E. Don, Washington, D.C., on brief.

Before GIBSON, Chief Judge, VAN OOSTERHOUT, Senior Circuit Judge, and HENLEY, Circuit Judge.

VAN OOSTERHOUT, Senior Circuit Judge.

This is an appeal by claimant Morris Shenker from final judgment of the district court affirming a determination by the bankruptcy judge that Shenker was not a customer of White & Company, Inc., as such term is defined in Section 6(c)(2)(A)(ii) of the Securities Investor Protection Act of 1970 (SIPA), 15 U.S.C. § 78fff(c)(2)(A)(ii).

In the proceeding below it was determined that Shenker was not a customer of White...

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