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LOWNSBURY v. SECURITIES AND EXCHANGE COMMISSION

No. 9015.

151 F.2d 217 (1945)

LOWNSBURY et al. v. SECURITIES AND EXCHANGE COMMISSION et al.

Circuit Court of Appeals, Third Circuit.

Decided September 11, 1945.

As Amended September 22, 1945.

Rehearing Denied October 2, 1945.

Further Rehearing Denied January 15, 1946.

Attorney(s) appearing for the Case

Alfred J. Snyder, of Philadelphia, Pa. (William H. Brantley, Jr., and Lange, Simpson, Brantley & Robinson, all of Birmingham, Ala., and Elizabeth C. Lownsbury, of Philadelphia, Pa., on the brief), for petitioners.

Roger S. Foster, S.E.C., of Philadelphia, Pa., for S.E.C., respondent.

George Roberts, of New York City, for Commonwealth & Southern Corporation, respondent.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

This case arises upon the motion of the Securities and Exchange Commission to dismiss the petition of certain stockholders of The Commonwealth & Southern Corporation for review of present orders1 of the Commission, respondents, and to dismiss a motion, also made by the same petitioners, for a stay of all proceedings, pending review by this Court. The controversy centers upon interpretation of two sections of...

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