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SECURITIES & EXCH. COM'N v. VESCO

No. 687, Docket 77-6214.

571 F.2d 129 (1978)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Robert L. VESCO et al., Defendants, Wade S. Malhas, Irving Horowitz, Martin Jacoby, Charles Birbara, Cornelius A. Hubner, Murray Dryer, Phil Birbara, N. E. Burgess and William Zeidman, Intervenor-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 27, 1978.

Attorney(s) appearing for the Case

William J. McSherry, Jr., New York City (Spengler, Carlson, Gubar, Churchill & Brodsky, Edward Brodsky and Alison A. Rivard, New York City, of counsel), for intervenor-appellants.

Milton S. Gould, New York City (Shea, Gould, Climenko & Casey, Sheldon D. Camhy and Michael W. Sigall, New York City, of counsel), for appellee, International Controls Corp.

Irving H. Picard, Washington, D.C. (Securities and Exchange Commission, David Ferber, Sol. to the Commission, Margaret M. Topps, Atty., Washington, D.C., Marvin E. Jacob, Associate Administrator, S.E.C., New York City, of counsel), for Securities and Exchange Commission.

Before FEINBERG, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

On November 27, 1972, the Securities and Exchange Commission instituted an action to enjoin International Controls Corporation and a number of individual and corporate defendants from violating certain provisions of the Securities Exchange Act of 1934, including Section 10(b), 15 U.S.C. § 78j(b), and Section 13, 15 U.S.C. § 78m. On March 16, 1973, International consented to the entry against it of a final judgment permanently...

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