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SECURITIES AND EXCHANGE COMMISSION v. TEXAS GULF SULPHUR COMPANY

No. 65 Civ. 1182.

258 F.Supp. 262 (1966)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. TEXAS GULF SULPHUR COMPANY, a Texas corporation, et al., Defendants.

United States District Court S. D. New York.

August 19, 1966.

Attorney(s) appearing for the Case

Llewellyn P. Young, Regional Administrator, Securities and Exchange Commission, by Frank E. Kennamer, Jr., San Francisco, Cal., Michael Joseph, David Ferber, Donald M. Feuerstein, Washington, D. C., for plaintiff.

White & Case, New York City, Orison S. Marden, William D. Conwell, Edward C. Schmults, P. B. Konrad Knake, Thomas McGanney, Peter G. Eikenberry, New York City, of counsel, for defendant Texas Gulf Sulphur Co. and individual defendants, with exception of Lamont, Coates and O'Neill.

Davis Polk Wardwell Sunderland & Kiendl, New York City, S. Hazard Gillespie, Robert B. Fiske, Jr., Robert F. Dobbin, New York City, of counsel, for defendant Thomas S. Lamont.

Cravath, Swaine & Moore, New York City, Albert R. Connelly, Donald I. Strauber, New York City, of counsel, for defendant Francis G. Coates.

OPINION

BONSAL, District Judge.

Plaintiff, Securities and Exchange Commission (Commission), has instituted this action charging each of the defendants with violations of Section 10(b) of the Securities Exchange Act (15 U.S.C. § 78j(b)) and Rule 10b-5 (17 C.F.R. 240; 10b-5) promulgated thereunder by the Commission. All parties waived a jury and agreed that trial should first be had on the issue of whether the defendants or any of them had violated Section...

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