LUDLOW CORP. v. SECURITIES AND EXCHANGE COM'N

No. 77-1417.

604 F.2d 704 (1979)

LUDLOW CORPORATION, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent, Boston Stock Exchange, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 9, 1979.

As Amended August 10, 1979.


Attorney(s) appearing for the Case

George B. Reid, Jr., Washington, D. C., with whom W. Crosby Roper, Jr., Bate C. Toms, III, and Cyril V. Smith, Jr., Washington, D. C., were on brief, for petitioner.

Robert C. Pozen, Asst. Gen. Counsel, Washington, D. C., with whom Harvey L. Pitt, Gen. Counsel, Paul Gonson, Alan Rosenblat and Vernon I. Zvoleff, Associate Gen. Counsel, Securities and Exchange Commission, Washington, D. C., were on brief, for respondent.

Arthur D. Mason, Ira H. Polon, and Roslyn A. Mazer, Washington, D. C., were on brief, for intervenor.

Before BAZELON, Senior Circuit Judge, and McGOWAN and ROBINSON, Circuit Judges.


Opinion for the Court filed by McGOWAN, Circuit Judge.

McGOWAN, Circuit Judge:

This is a petition for review of a Securities and Exchange Commission order approving the application of the Boston Stock Exchange (BSE) for unlisted trading privileges in petitioner's common stock. The Commission held, based on facts developed in a hearing before an Administrative Law Judge (ALJ), that approval of the application would be "consistent with the maintenance of fair...

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