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SECURITIES AND EXCHANGE COM'N v. TEXAS GULF SULPHUR CO.

No. 65 Civ. 1182.

312 F.Supp. 77 (1970)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. TEXAS GULF SULPHUR COMPANY, Charles F. Fogarty, Richard D. Mollison, Richard H. Clayton, Walter Holyk, Kenneth H. Darke, David M. Crawford, Claude O. Stephens, Thomas P. O'Neill, Earl L. Huntington and Harold B. Kline, Defendants.

United States District Court, S. D. New York.

February 6, 1970.

Attorney(s) appearing for the Case

Philip A. Loomis, Jr., David Ferber, Frank E. Kennamer, Jr., Robert E. Kushner, Harvey A. Rowen, Stuart A. Morse, Securities and Exchange Commission, Washington, D. C., New York City, for plaintiff.

White & Case, New York City, for defendants, Orison S. Marden, William D. Conwell, P. B. Konrad Knake, Thomas McGaney, Jeffrey A. Barist, New York City, of counsel.

OPINION

BONSAL, District Judge.

I. Introduction

This action was instituted by the Securities and Exchange Commission (SEC) pursuant to Section 21(e) and 27 of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78u(e) and 78aa (the 1934 Act), against Texas Gulf Sulphur Company (TGS) and several of its officers, directors, and employees. The SEC alleged violations of Section 10(b) of the 1934 Act, 15 U.S.C. § 78j(b), and Rule...

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