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SECURITIES AND EXCHANGE COM'N v. O'HARA RE-ELECTION

No. 294.

28 F.Supp. 523 (1939)

SECURITIES AND EXCHANGE COMMISSION v. O'HARA RE-ELECTION (OR PROXY) COMMITTEE et al.

District Court, D. Massachusetts.

On Hearing of Order to Show Cause July 10, 1939.

Attorney(s) appearing for the Case

Chester T. Lane, Gen. Counsel, of Washington, D. C., Joseph P. Rooney, Atty., of Boston, Mass., and Robert E. Kline, Asst. Gen. Counsel, Christopher Jenks, Asst. Gen. Counsel, Mayer U. Newfield, Atty., and Sheldon E. Bernstein, Atty., all of Washington, D. C., for plaintiff.

Raymond J. McMahon, of Providence, R. I., and Francis T. Leahy and Edmund P. Keleher, both of Boston, Mass., for defendant Narragansett Racing Ass'n.

William A. Needham, of Providence, R. I., and Ernest Cuneo, of New York City, for defendant O'Hara Re-election (or Proxy) Committee.

SWEENEY, District Judge.

The petitioner, the Securities and Exchange Commission, has filed an action against the so-called O'Hara Re-election Committee and others, seeking to restrain the defendants from violating the Securities Exchange Act of 1934, 15 U.S.C.A. § 78a et seq., and particularly Section 14 thereof, 15 U.S.C.A. § 78n, having to do with the solicitation of proxies through the mail.

The matter is now before me on prayers for a preliminary...

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