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OKC CORP. v. WILLIAMS

Civ. A. No. CA-3-78-1021-G.

461 F.Supp. 540 (1978)

OKC CORP. v. Harold WILLIAMS, John R. Evans, Philip A. Loomis, Jr., Irving M. Pollack and Robert S. Karmel, Individually and as Commissioners of the Securities and Exchange Commission, Richard M. Hewitt, Cecil S. Mathis, Wayne M. Whitaker, Benjamin F. Simms, Jr., Kathleen N. Stewart, Theodore A. Levine, Edward D. Herlihy, Steven K. McGinnis and David A. Watson, Individually and as officers and employees of the Securities and Exchange Commission and the Securities and Exchange Commission, an Agency of the United States of America.

United States District Court, N. D. Texas, Dallas Division.

November 22, 1978.

Attorney(s) appearing for the Case

George B. Davis of Brice & Barron, Dallas, Tex., John J. Witmeyer, III, and Richard B. Marrin of Ford, Marrin, Esposito, Witmeyer & Bergman, New York City, Arthur Mitchell, Gen. Counsel, Robert A. Miller, G. Scott Damuth, OKC Corp., Dallas, Tex., for plaintiff.

Michael J. Stewart, Regional Administrator, Walter E. Keller, Jr., of counsel, SEC, Fort Worth, Tex., James H. Schropp, Asst. Gen. Counsel, SEC, Washington, D. C., for Cecil Mathis, David A. Watson and Steven K. McGinnis.

MEMORANDUM ORDER

PATRICK E. HIGGINBOTHAM, District Judge.

This is a clash between a New York Stock Exchange listed company and its principal regulator, the Securities Exchange Commission. In a self-policing effort, OKC employed outside legal counsel to gather information and give advice regarding a situation viewed as a potential problem by its board of directors. Counsel prepared a report, the contents of which were to be held in confidence, but have fallen...

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