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BLOCK v. SECURITIES AND EXCHANGE COMMISSION

No. 94-1333.

50 F.3d 1078 (1995)

Dana BLOCK; Martin H. Olesh; Deborah W. Olesh; Ruth Rae Wiener; Nancy Grossman; Hannah Obstfeld, Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 1995.

Attorney(s) appearing for the Case

H. Adam Prussin, argued the cause for petitioners. With him on the briefs was Stephen T. Gannon.

Randall W. Quinn, argued the cause for respondent. With him on the brief were Paul Gonson, Solicitor, Jacob H. Stillman, Associate Gen. Counsel, and Susan K. Straus, S.E.C.

Marvin G. Pickholz, filed the amicus curiae brief on behalf of the Dreyfus Family of Funds.

Before SILBERMAN, GINSBURG, and HENDERSON, Circuit Judges.

GINSBURG, Circuit Judge:

The petitioners are shareholders in the Dreyfus Family of Funds. They seek review of the Securities and Exchange Commission's decision not to hold a hearing in order to determine whether certain directors of the Dreyfus Funds are "interested persons" within the meaning of § 2(a)(19) of the Investment Advisers Act of 1940, 15 U.S.C. § 80a-2(a)(19). We hold that the decision whether to initiate a hearing under § 2(a)(19) is within...

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