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NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM v. S.E.C.

No. 196, Docket 94-6072.

45 F.3d 7 (1995)

NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM; United States Trust Company; and Women's Division of the Board of Global Ministries of the United Methodist Church, Plaintiffs-Appellees, v. SECURITIES AND EXCHANGE COMMISSION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 3, 1995.

Attorney(s) appearing for the Case

Jacob H. Stillman, Assoc. Gen. Counsel, S.E.C., Washington, DC (Paul Gonson, Sol., Simon M. Lorne, Gen. Counsel, Lucinda O. McConathy, Asst. Gen. Counsel, and Christopher Paik, Senior Counsel, S.E.C., of counsel), for defendant-appellant.

Margaret G. King, Corp. Counsel's Office, New York City (Paul A. Crotty, Corp. Counsel for the City of New York and Barry P. Schwartz, Corp. Counsel's Office, of counsel), for plaintiff-appellee New York City Employees' Retirement System.

Paul M. Neuhauser, Iowa City, IA (Hilary B. Klein, of counsel), for plaintiffs-appellees Women's Div. of the Bd. of Global Ministries of the United Methodist Church and U.S. Trust Co.

Joseph P. Galda, Clark, Ladner, Fortenbaugh & Young, Philadelphia, PA, Daniel J. Popeo, and Paul D. Kamenar, Washington, DC, for amicus curiae Washington Legal Foundation.

William M. Tartikoff and Beth-Ann Roth, Bethesda, MD, for amicus curiae Calvert Group, Ltd.

Before: WALKER, McLAUGHLIN and JACOBS, Circuit Judges.

McLAUGHLIN, Circuit Judge:

The plaintiffs, New York City Employees' Retirement System ("NYCERS") and two other institutional investors, sued the Securities and Exchange Commission ("SEC") in the United States District Court for the Southern District of New York (Kimba M. Wood, Judge), to enjoin the SEC from violating section 553(b) of the Administrative Procedure Act ("APA"). See 5 U.S.C. § 553(b). The lawsuit stemmed from an SEC "no-action" letter...

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