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SECURITIES AND EXCHANGE COM'N v. FOUNDATION PLAN

31 F.Supp. 331 (1939)

SECURITIES AND EXCHANGE COMMISSION v. FOUNDATION PLAN, Inc., et al.

District Court, S. D. New York.

December 19, 1939.

Attorney(s) appearing for the Case

Chester T. Lane, Gen. Counsel, John H. Kelley, Asst. Gen. Counsel, Securities and Exchange Commission, both of Washington, D. C., and John J. Dowling, of New York City, for plaintiff.

Franchot & Schachtel, of New York City (Kenneth Simpson, of New York City, of counsel), for defendants Foundation Plan, Inc., H. C. Williams, and Robert B. Deans.

R. R. McGee, of New York City, for defendant James Connor.

Jerry Scott, pro se.

W. J. Dawley, of New York City, for defendant Benjamin Blumenthal.

Harry G. Herman, of New York City, for defendant Kirk C. Tuttle.

LEIBELL, District Judge.

The plaintiff is a Commission of the United States, organized and existing under and by virtue of the Act of Congress approved June 6, 1934, entitled the "Securities Exchange Act of 1934", 15 U.S.C.A. § 78d.

This suit is brought under the provisions of the Securities Act of 1933, and particularly of Section 20(b) thereof, 15 U.S.C.A. § 77t (b), jurisdiction is conferred on this Court by Section 22(a) of the Securities Act...

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