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BLINDER, ROBINSON & CO., INC. v. U. S. S. E. C.

No. 80-2114.

692 F.2d 102 (1982)

BLINDER, ROBINSON & CO., INC., Plaintiff-Appellant, v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 27, 1982.

Attorney(s) appearing for the Case

William R. Fishman, of Fishman & Geman, Denver, Colo. (Stephanie M. Smith, Denver, Colo., with him on the brief), for plaintiff-appellant.

Jeffrey B. Maletta, Washington, D.C. (Paul Gonson, Sol., Michael K. Wolensky, Associate Gen. Counsel, John P. Sweeney, Asst. Gen. Counsel, and Stephen E. Cavan, Atty., S. E. C., Washington, D. C., with him on the brief), for defendant-appellee.

Before BARRETT, McKAY and SEYMOUR, Circuit Judges.

BARRETT, Circuit Judge.

The question presented in this case is whether the district court erred in dismissing Blinder, Robinson & Co., Inc.'s (Blinder) complaint and amended complaint filed against the Securities and Exchange Commission (SEC) to enjoin a continuing investigation of its stock broker-dealer activities pursuant to a formal order of investigation issued by the SEC. The court found/concluded that a separate, distinct civil action No. 80-M-1125 filed...

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