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CITY OF NEW ORLEANS v. U.S. S.E.C.

No. 97-1264.

137 F.3d 638 (1998)

CITY OF NEW ORLEANS, et al., Petitioners, v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Respondent, Chemical Manufacturers Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 10, 1998.

Attorney(s) appearing for the Case

Karen R. Carter, New Orleans, LA, argued the cause for the petitioners. Kenneth M. Carter, New Orleans, LA, was on brief. Robert S. Tongren, Columbus, OH, entered an appearance.

Susan S. McDonald, Counsel, Securities & Exchange Commission, Washington, DC, argued the cause for the respondent. Richard H. Walker, General Counsel, Eric Summergrad, Principal Assistant General Counsel, and Paul Gonson, Solicitor, Washington, DC, were on brief. Susan F. Wyderko, Counsel, Washington, DC, entered an appearance.

Before: EDWARDS, Chief Judge; WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the court filed PER CURIAM.

PER CURIAM:

The petitioners challenge a rule that the Securities and Exchange Commission (SEC) recently promulgated pursuant to subsection 9(c)(3) of the Public Utility Holding Company Act of 1935, codified as amended at 15 U.S.C. §§ 79a et seq., (PUHCA). Because we lack jurisdiction to decide the challenges raised by the petitioners, we dismiss.

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