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TIMPINARO v. S.E.C.

Nos. 91-1502, 91-1650.

2 F.3d 453 (1993)

William TIMPINARO, et al., Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 13, 1993.

As Amended August 24, 1993.

As Amended on Denial of Rehearing November 9, 1993.

Attorney(s) appearing for the Case

Barry S. Augenbraun, New York City, argued the cause, for petitioners. With him on the briefs were W. Reece Bader and Simon S. Kogan, New York City.

Joan A. McCarthy, Sr. Special Counsel, S.E.C., Washington, DC, argued the cause, for respondent. With her on the briefs were Paul Gonson, Sol., James R. Doty, Gen. Counsel, Anne E. Chafer, Associate Gen. Counsel, and David U. Thomas, Sr. Counsel, S.E.C., Washington, DC.

Before WALD, D.H. GINSBURG, and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Several securities broker-dealers and their customers petition for review of three orders that the Securities Exchange Commission issued on October 10, 1991 pursuant to § 19(b) of the Securities Exchange Act of 1934, as amended. Two of the orders approved new rules for the Small Order Execution System (SOES), an automated system developed by the National Association...

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