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FIRST MULTIFUND FOR DAILY INCOME v. UNITED STATES

No. 196-78.

602 F.2d 332 (1979)

FIRST MULTIFUND FOR DAILY INCOME, INC. v. The UNITED STATES.

United States Court of Claims.

July 18, 1979.

Attorney(s) appearing for the Case

Carl L. Shipley, Washington, D.C., for plaintiff; Shipley, Smoak & Akerman, Washington, D.C., of counsel.

Frank M. Rapoport, and Myrna Siegel, Securities and Exchange Commission, Washington, D.C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant. Jacob H. Stillman and William A. Dietch, Securities and Exchange Commission, Washington, D.C., of counsel.

Before FRIEDMAN, Chief Judge, and DAVIS and KASHIWA, Judges.

ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

FRIEDMAN, Chief Judge.

The question in this case, here on cross-motions for summary judgment, is whether an open-end registered investment company must file with the Securities and Exchange Commission a registration statement covering shares of its stock that (1) had been sold under a previously filed registration statement, (2) the company had redeemed upon tender by the shareholders, and (3) the company seeks to sell...

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