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AMALGAMATED CLOTHING & TEXTILE WORKERS v. S.E.C.

No. 540, Docket, 93-4120. August Term, 1993.

15 F.3d 254 (1994)

AMALGAMATED CLOTHING AND TEXTILE WORKERS UNION, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent, Brown Group, Inc., Intervenor.

United States Court of Appeals, Second Circuit.

Decided January 25, 1994.

Attorney(s) appearing for the Case

Cornish F. Hitchcock (Alan B. Morrison, Public Citizen Litigation Group, Washington, DC, of counsel), for petitioner.

Jacob H. Stillman (Paul Gonson, Acting Gen. Counsel, Lucinda O. McConathy, Asst. Gen. Counsel, Christopher Paik, Sr. Counsel, S.E.C., Washington, DC, of counsel), for respondent.

Thomas C. Walsh (Douglas W. King, Bryan Cave, St. Louis, MO, of counsel), for intervenor.

Before: MINER, MAHONEY and HEANEY, Circuit Judges.

MINER, Circuit Judge:

Petitioner Amalgamated Clothing and Textile Workers Union ("ACTWU") petitions this Court, pursuant to section 25(a)(1) of the Securities Exchange Act of 1934 ("the Act"), 15 U.S.C. § 78y(a)(1), to review the decision of respondent Securities and Exchange Commission ("SEC" or "Commission") not to bring an enforcement action against intervenor Brown Group, Inc. ("Brown") for the omission from its proxy materials of a proposed shareholder resolution...

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