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SECURITIES & EXCHANGE COM'N v. PARKLANE HOSIERY, CO.

Nos. 1395, 1290, Dockets 77-6012 and 77-6023.

558 F.2d 1083 (1977)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee-Cross-Appellant, v. PARKLANE HOSIERY CO., INC., and Herbert N. Somekh, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 8, 1977.

Attorney(s) appearing for the Case

Harvey L. Pitt, SEC, Washington, D. C. (Paul Gonson, Daniel L. Goelzer and Edward A. Scallet, SEC, Washington, D. C., on the brief), for plaintiff-appellee-cross-appellant.

Irving Parker, New York City (Joseph N. Salomon, Jeffrey I. Slonim and Jacobs, Persinger & Parker, New York City, on the brief), for defendants-appellants-cross-appellees.

Before WATERMAN and TIMBERS, Circuit Judges, and MEHRTENS, District Judge.

MEHRTENS, District Judge:

This action was brought by the Securities and Exchange Commission against Parklane Hosiery Co., Inc. and Herbert N. Somekh under Section 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q(a) and Sections 10(b), 13(a) and 14(a) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78j(b), 78m(a) and 78n(a) and the various rules promulgated thereunder.1

At issue is whether the district judge...

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