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SUTRO BROS. & CO. v. SECURITIES AND EXCHANGE COMMISSION

199 F.Supp. 438 (1961)

SUTRO BROS. & CO. v. SECURITIES AND EXCHANGE COMMISSION etc.

United States District Court S. D. New York.

November 15, 1961.

Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City, for plaintiff; Marvin Schwartz, Edward C. Stebbins, Jr., New York City, of counsel.

Peter A. Damann, Gen. Counsel, Llewellyn P. Young, Regional Adm'r, David P. Bicks, Sp. Counsel, New York City, Haig Casparian, Washington, D. C., for Securities & Exchange Commission.

RYAN, Chief Judge.

Following the issuance on October 31, 1961 of an "Order for Public Proceedings Pursuant to Section 15(b), 15A, 19(a) (3) of the Securities Exchange Act of 1934 [15 U.S.C.A. § 78o(b), 78o-3, 78s (a) (3)]" against it, plaintiff has moved to restrain the Securities and Exchange Commission from continuing to take "ex parte" sworn testimony relating to any matters alleged in the order. Plaintiff does not challenge the power of the...

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