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SECURITIES & EXCHANGE COMMISSION v. TOPPING

Civ. 50-79.

85 F.Supp. 63 (1949)

SECURITIES & EXCHANGE COMMISSION v. TOPPING.

United States District Court S. D. New York.

May 24, 1949.

Attorney(s) appearing for the Case

Louis Loss, Associate General Counsel, David Ferber, Special Counsel, Aaron Levy, Attorney, Securities and Exchange Commission, Washington, D. C., for the plaintiff.

Meyer Abrams, Chicago, Ill., for defendant (Aaron Schwartz, New York City, of counsel).

LEIBELL, District Judge.

Plaintiff moves for a preliminary injunction to restrain the defendant from violating Section 14(a) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78n (a), and Regulation X-14A promulgated thereunder. It is alleged that the defendant's conduct in mailing or causing to be mailed to stockholders of Certain-teed Products Corporation a letter dated April 1, 1949, containing false and misleading statements and which defendant had not...

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