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OPTION ADVISORY SERVICE, INC. v. S. E. C.

Nos. 341, 417, Dockets 81-4130, 81-4148.

668 F.2d 120 (1981)

OPTION ADVISORY SERVICE, INC., for itself and all other investment advisers similarly situated, Petitioner. v. SECURITIES AND EXCHANGE COMMISSION, Respondent. OPTION ADVISORY SERVICE, INC., for itself and all other investment advisers similarly situated, Petitioner. v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided December 17, 1981.

Attorney(s) appearing for the Case

Antonio C. Martinez, New York City, for petitioner.

Elisse B. Walter, Asst. Gen. Counsel, S.E.C., Washington, D. C. (Edward F. Greene, Gen. Counsel, Jacob H. Stillman, Associate Gen. Counsel, Frederick B. Wade, Senior Sp. Counsel, Anne H. Sullivan, Atty., Paul Gonson, Sol., Washington, D. C., of counsel), for respondent.

Before FEINBERG, Chief Judge, OAKES, Circuit Judge, and CONNER, District Judge.

PER CURIAM:

In these two related petitions for review, Option Advisory Service, Inc. ("OAS") seeks review of orders of the Securities and Exchange Commission ("SEC") granting exemptions to applicant companies under the Investment Company Act of 1940 ("the Act"), 15 U.S.C. § 80a-1 et seq. The SEC has moved to dismiss the petition in No. 81-4130 on the ground that OAS lacks standing to seek review of the orders in question. Because the question of standing...

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