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SECURITIES & EXCH. COM'N v. INSURANCE SECURITIES INC.

No. 35764.

146 F.Supp. 778 (1956)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. INSURANCE SECURITIES INCORPORATED et al., Defendants.

United States District Court N. D. California, S. D.

November 29, 1956.

Attorney(s) appearing for the Case

Thomas G. Meeker, Gen. Counsel, Aaron Levy, Sp. Counsel, Securities and Exchange Commission, Washington, D. C., F. E. Kennamer, Jr., Atty., Securities and Exchange Commission, San Francisco, Cal., for plaintiff.

Moses Lasky, Brobeck, Phleger & Harrison, Philip S. Ehrlich, San Francisco, Cal., Elwood Murphey, Oakland, Cal., Alfred Jaretzki, Jr., Sullivan & Cromwell, New York City, for defendants Insurance Securities Corp., Abe P. Leach, Ossian E. Carr, Arthur J. Lonergan, Roy A. Haight, and Leland M. Kaiser as attorney and proxy for investors of Trust Fund.

GOODMAN, District Judge.

The motion to dismiss the plaintiff's complaint involves the question whether the "Investment Company Act of 1940" 54 Stat. 789, 847, 15 U.S.C.A. § 80a-1 et seq. invests in the plaintiff the right to obtain the relief here sought. This tenders a problem of first impression.

The plaintiff will be referred to as "SEC," the defendant Insurance Securities Incorporated, as "Service Company" and the defendant "Trust Fund Sponsored by...

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