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MASS. FIN. SERV. v. SECURITIES INVESTOR PROTECTION

No. 76-1256.

545 F.2d 754 (1976)

MASSACHUSETTS FINANCIAL SERVICES, INC., Plaintiff, Appellee, v. SECURITIES INVESTOR PROTECTION CORPORATION, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 1, 1976.

Attorney(s) appearing for the Case

Theodore H. Focht, Washington, D.C., with whom Wilfred R. Caron and William H. Seckinger, Washington, D.C., were on brief, for defendant, appellant.

Daniel B. Bickford, Boston, Mass., with whom Gerard A. Corsini and Gaston, Snow & Ely Bartlett, Boston, Mass., were on brief, for plaintiff, appellee.

Before COFFIN, Chief Judge, CLARK, Associate Justice, U.S. Supreme Court (Ret.), McENTEE, Circuit Judge.

McENTEE, Circuit Judge.

The single discrete question with which this appeal deals is whether appellee, Massachusetts Financial Services, Inc. ("MFS"), is a member of the federally created Securities Investor Protection Corp. ("SIPC").1 The district court answered this question in the negative and held that MFS was not liable for the $5,368 which it had paid to SIPC as a mandatory assessment for...

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