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NATIONAL ASS'N OF SECURITIES DEALERS, INC. v. S.E.C.

No. 04-1154.

431 F.3d 803 (2005)

The NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC., Petitioner v. SECURITIES AND EXCHANGE COMMISSION, Respondent Anthony A. Elgindy, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 2005.

Attorney(s) appearing for the Case

Alan B. Lawhead argued the cause and filed the briefs for petitioner.

Anthony A. Elgindy, appearing pro se, was on the brief for intervenor.

Eric Summergrad, Deputy Solicitor, Securities and Exchange Commission, argued the cause for respondent. With him on the briefs were Giovanni P. Prezioso, General Counsel, Jacob H. Stillman, Solicitor, and Christopher Paik, Special Counsel.

Before: TATEL and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

HARRY T. EDWARDS, Senior Circuit Judge.

The National Association of Securities Dealers, Inc. ("NASD") is the only officially registered "national securities association" under § 15A of the Securities Exchange Act of 1934 ("Exchange Act" or the "Act"), 15 U.S.C. § 78o-3 (2000). Domestic Sec., Inc. v. SEC, 333 F.3d 239, 242 (D.C.Cir.2003). By virtue...

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