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S. E. C. v. VARIABLE ANNUITY CO.

No. 290.

359 U.S. 65 (1959)

79 S.Ct. 618

3 L.Ed.2d 640

SECURITIES AND EXCHANGE COMMISSION v. VARIABLE ANNUITY LIFE INSURANCE CO. OF AMERICA ET AL.

Supreme Court of United States.

Decided March 23, 1959.

Attorney(s) appearing for the Case

Thomas G. Meeker argued the cause for petitioner in No. 290. With him on the brief were Solicitor General Rankin, John F. Davis, David Ferber and Pace Reich.

John H. Dorsey argued the cause and filed a brief for petitioner in No. 237.

Roy W. McDonald and James M. Earnest argued the causes for the Variable Annuity Life Insurance Company of America, respondent. With them on the brief was Malcolm Fooshee.

Benjamin H. Dorsey argued the causes for the Equity Annuity Life Insurance Co., respondent. With him on the brief were Smith W. Brookhart and Ralph E. Becker.

Frank F. Roberson filed a brief in No. 290 for the Mutual Life Insurance Company of New York et al., as amici curiae, in support of respondents.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This is an action instituted by the Securities and Exchange Commission1 to enjoin respondents from offering their annuity contracts to the public without registering them under the Securities Act of 1933, 48 Stat. 74, 15 U. S. C. § 77a, and complying with the Investment Company Act of 1940, 54 Stat. 789, 15 U. S. C. § 80a. The District Court denied relief,

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