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THOMSON & McKINNON v. SECURITIES AND EXCHANGE COM'N

No. 67 Civ. 1423.

268 F.Supp. 11 (1967)

THOMSON & McKINNON, a limited partnership, and Walter T. O'Hara, Plaintiffs, v. SECURITIES AND EXCHANGE COMMISSION, Manuel F. Cohen, Byron D. Woodside, Hugh F. Owens, Hamer H. Budge and Francis M. Wheat, Defendants.

United States District Court S. D. New York.

April 25, 1967.

Attorney(s) appearing for the Case

Hall, Patterson, Taylor, McNicol & Marett, New York City, for plaintiffs; Donald E. McNicol, James J. Marett, Wilmot B. Mitchell, Charles J. Egan, Jr., Peter Siviglia, New York City, of counsel.

Richard M. Phillips, Asst. General Counsel, Securities and Exchange Commission, Washington, D. C., for defendant, Securities and Exchange Commission; Philip A. Loomis, Jr., General Counsel, David Ferber, Sol., Joel J. Rabin, Washington, D. C., of counsel.

OPINION

FRANKEL, District Judge.

Thomson & McKinnon, a securities brokerage partnership, and Walter T. O'Hara, one of the firm's general partners, brought this action against the Securities and Exchange Commission and its five members as individuals seeking to enjoin in part a pending investigation by that agency. The jurisdiction of this court is asserted to rest upon 28 U.S.C. §§ 1331 and 1337; the Declaratory Judgment Act, 28 U.S.C. §...

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