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M. G. DAVIS & CO. v. SECURITIES AND EXCHANGE COMMISSION

No. 66 Civ. 67.

252 F.Supp. 402 (1966)

M. G. DAVIS & CO., Inc., Lawrence Levine, Walter Wax and Morris Kopel, Plaintiffs, v. SECURITIES AND EXCHANGE COMMISSION, Defendant.

United States District Court S. D. New York.

March 4, 1966.

Attorney(s) appearing for the Case

Kreutzer, Heller, Selman & Galt, New York City, for plaintiffs. Irving Galt, New York City, of counsel. Arnold I. Burns, Erwin Cherovsky, New York City, of counsel on the brief.

Philip A. Loomis, Jr., Gen. Counsel, Ellwood L. Englander, Asst. Gen. Counsel, on argument, Richard Nathan, Atty., S. E. C., Washington, D. C., for defendant. Joseph C. Daley, Chief Enforcement Atty., S.E.C., New York City, of counsel.

LEVET, District Judge.

Two motions in the above-entitled action are before me. Plaintiffs move for a preliminary injunction restraining the Securities and Exchange Commission (hereinafter the "Commission") from holding public proceedings instituted by order of August 4, 1965 against the plaintiffs and others pursuant to Sections 15 (b) and 15A of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78o(b) and 78o-3. The Commission moves to dismiss...

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