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SECURITIES AND EXCHANGE COM'N v. GOLCONDA MINING CO.

No. 65 Civ. 1512.

291 F.Supp. 125 (1968)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. GOLCONDA MINING COMPANY, an Idaho Corporation and Harry F. Magnuson, Defendant.

United States District Court S. D. New York.

October 11, 1968.

Attorney(s) appearing for the Case

Philip A. Loomis, Jr., General Counsel, David Ferber, Sol., Richard E. Nathan, Attorney Securities and Exchange Commission, Washington, D. C., for plaintiff.

Parr, Doherty, Polk & Sargent, New York City, for defendant Harry F. Magnuson; James C. Sargent, Robert S. Newman, New York City, of counsel.

WYATT, District Judge.

This is a motion by the Securities and Exchange Commission (the Commission or SEC) for summary judgment against defendant Magnuson on the second claim in the complaint (there called "second cause of action"). Fed.R.Civ.P. 56(a). The motion is said to be for "partial summary judgment", a form of words not used in the Rule and the accuracy of which, as applied to this motion, may be questionable. 6 Moore's Federal Practice (2d ed.) 2745-2762....

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