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SECURITIES & EXCHANGE COM'N v. REPUBLIC NAT. LIFE INS. CO.

No. 74 Civ. 1097 (MP).

378 F.Supp. 430 (1974)

SECURITIES & EXCHANGE COMMISSION, Plaintiff, v. REPUBLIC NATIONAL LIFE INSURANCE CO. et al., Defendants.

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

July 11, 1974.

Attorney(s) appearing for the Case

Theodore Altman, Gary N. Sundick, John S. Stoppelman, and Frederick L. White, Washington, D. C., for Securities & Exchange Commission.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for Republic National Life Ins. Co., by Sheldon Oliensis and Milton Sherman, New York City.

Cahill, Gordon & Reindel, New York City, for Peat, Marwick, Mitchell & Co., by William E. Hegarty, Mathias E. Mone and Michael P. Tierney, New York City.

Arnold & Porter, Washington, D. C. for Westheimer, Fine, Berger & Co., by Daniel A. Rezneck and Robert D. Rosenbaum, Washington, D. C.

Tenzer, Greenblatt, Fallon & Kaplan, New York City, for Hilary H. Evers, by Edward L. Sadowsky and Richard Kaye, New York City.

John L. Hill, Atty. Gen. of Texas, amicus curiae, by John W. Odam, Jr., Austin, Tex.

POLLACK, District Judge.

Decision*

In the past few weeks the court has spent an enormous amount of time going through the very complete submissions by all parties to the applications before the court and has made what it considers to be a thorough examination of the applicable law. Accordingly, the court is prepared to render the following decision.

The SEC initiated this matter in a private investigation ordered on November...

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