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

No. 74 Civ. 1097 (MP).

383 F.Supp. 436 (1974)

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

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

October 18, 1974.

Attorney(s) appearing for the Case

Gary N. Sundick, John S. Stoppelman, David J. Romanski, and Frederick L. White, Washington, D.C., of counsel, for Securities and Exchange Commission.

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

MEMORANDUM

POLLACK, Distict Judge.

This is a Rule 12 motion by the SEC to dismiss the counterclaim of Peat, Marwick, Mitchell & Company ("PMM") on the ground that the court lacks jurisdiction over the subject matter of the claim.

The counterclaim concerns the alleged obligation of the SEC to release to independent public accountants upon their inquiry information obtained by the SEC which would be material to the accountants' examinations of...

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