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SECURITIES AND EXCHANGE COMMISSION v. OTIS & CO.

No. 5433.

18 F.Supp. 100 (1936)

SECURITIES AND EXCHANGE COMMISSION v. OTIS & CO.

District Court, N. D. Ohio, E. D.

December 28, 1936.

Attorney(s) appearing for the Case

John J. Burns and James J. Caffrey, both of Washington, D. C., for the Commission.

Richard Inglis and F. X. Cull (of Bulkley, Hauxhurst, Inglis & Sharp), both of Cleveland, Ohio, for defendant.

WEST, District Judge.

The first question for determination is whether on April 1, 1936, when the bill was filed, defendant was about to engage in acts or practices in violation either of section 9(a) (2), Securities Exchange Act of 1934 (15 U.S.C.A. § 78i(a) (2), or of section 17(a) (2), Securities Act of 1933 as amended (15 U.S.C.A. § 77q(a) (2). For it appears that at that time all stock of the Murray-Ohio Company purchased or secured by defendant, which...

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