SECURITIES AND EXCHANGE COMMISSION,
v.
NATIONAL STUDENT MARKETING CORPORATION et al., White and Case and Marion Jay Epley, III, Appellants.
SECURITIES AND EXCHANGE COMMISSION,
v.
NATIONAL STUDENT MARKETING CORPORATION et al., Appellants.
SECURITIES AND EXCHANGE COMMISSION,
v.
NATIONAL STUDENT MARKETING CORPORATION et al., Appellants.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 6, 1975.
Decided May 17, 1976.
Rehearing Denied August 11, 1976.
Attorney(s) appearing for the Case
Daniel A. Rezneck, Washington, D. C., with whom Milton V. Freeman, Abe Krash and Lawrence A. Schneider, Washington, D. C., were on the brief, for appellants in No. 75-1700. Steven M. Schatz, New York City, also entered an appearance for appellants in No. 75-1700.
James A. Hourihan, Washington, D. C., with whom Sherwin J. Markman, Martin Michaelson and Dennis J. Whittlesey, Washington, D. C., were on the brief, for appellants in No. 75-1701.
Mathias E. Mone, Washington, D. C., with whom William E. Hegarty, New York City, was on the brief, for appellants in No. 75-1702.
David Ferber, Sol., Securities and Exchange Commission, Washington, D. C., with whom Frederic T. Spindel, Asst. Gen. Counsel and Lawrence A. Horn, Atty. Securities and Exchange Commission, Washington, D. C., were on the brief, for appellee. Van P. Carter, Atty. Securities and Exchange Commission, Washington, D. C., also entered an appearance for appellee.
Dissenting opinion filed by Circuit Judge McGOWAN.
United States Court of Appeals, District of Columbia Circuit.
PER CURIAM:
This appeal concerns an affirmative defense asserted in the answer of appellants White & Case and Epley as their Fifteenth Defense to a complaint by the Securities and Exchange Commission. That defense alleges:
[T]he Securities and Exchange Commission violated its own rules, procedures, and directives and the United States Constitution by instituting this action without informing . . . [appellants...
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