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WHX CORP. v. S.E.C.

No. 03-1196.

362 F.3d 854 (2004)

WHX CORPORATION, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 9, 2004.

Attorney(s) appearing for the Case

Charles R. Mills argued the cause for petitioner. With him on the briefs was Dylan B. Carp. Paul Gonson entered an appearance.

Giovanni P. Prezioso, General Counsel, Securities and Exchange Commission, argued the cause for respondent. With him on the brief were Eric Summergrad, Deputy Solicitor, and Hope H. Augustini, Senior Litigation Counsel.

Before: EDWARDS and HENDERSON, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

The Securities and Exchange Commission found that WHX Corporation violated the All Holders Rule, SEC Rule 14d-10(a)(1), 17 C.F.R. § 240.14d-10(a)(1), and issued a cease-and-desist order prohibiting the company from committing or causing any future violations of that Rule. WHX petitioned for review. We find that the SEC's decision to issue a cease-and...

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