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PEPSICO, INC. v. UNITED STATES S.E.C.

No. 83 Civ. 4126.

563 F.Supp. 828 (1983)

PEPSICO, INC., Plaintiff, v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Defendant.

United States District Court, S.D. New York.

June 2, 1983.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore, New York City, for plaintiff; Ronald S. Rolfe, H. Michael Clyde, New York City, of counsel.

Securities and Exchange Commission, Washington, D.C., for defendant; Linda D. Feinberg, Whitney Adams, Anne C. Flannery, Washington, D.C., of counsel.

SOFAER, District Judge:

The Securities and Exchange Commission ("SEC") is presently conducting a formal investigation of PepsiCo, Inc. for possible fraudulent disclosures of its financial status in certain SEC filings and in various other financial documents. Pursuant to its investigatory powers, 15 U.S.C. § 78u (1976), the SEC has issued and intends to continue to issue subpoenas to third parties that may possess information relevant to the possible wrongdoings...

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