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S. E. C. v. INDEPENDENCE DRILLING CORP.

No. 77-1472.

595 F.2d 1006 (1979)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellant, v. INDEPENDENCE DRILLING CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 22, 1979.

Attorney(s) appearing for the Case

Kathryn B. McGrath, Assoc. Gen. Counsel, Harvey L. Pitt, Gen. Counsel, Paul Gonson, Assoc. Gen. Counsel, James H. Schropp, Asst. Gen. Counsel, Sammy S. Knight, Atty., Securities & Exchange Comm., Washington, D. C., for plaintiff-appellant.

Lee M. Simpson, Dallas, Tex., John E. Skogland, Jr., San Antonio, Tex., for Temp., Continental, & Div.

Before AINSWORTH and VANCE, Circuit Judges, and BOOTLE, District Judge.

AINSWORTH, Circuit Judge:

This appeal involves review of an order entered by the district court directing the Securities and Exchange Commission to pay the fees and expenses of a receivership initiated on the SEC's motion where assets of the corporate defendants were insufficient to defray the costs of the receivership. Since an award of costs against an agency of the United States is contrary to the doctrine of sovereign immunity and to express statutory command...

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