TABLE 20.-Contempt proceedings pending during the fiscal year ended June 30, 1963
CRIMINAL CONTEMPT PROCEEDINGS

Status of case

1

Southern District
of New York.

Feb. 26, 1963

Order of Feb. 26, 1963, directing the defendant to show cause why he should not be adjudged in
criminal contempt for violation of the final judgment in cause S.E. C. v. Robert Bialkin entered
Nov. 12, 1959. Defendant sentenced to 2 years in prison, execution of sentence suspended and
placed on probation for 4 years.

Pending.

Petition for order to show cause why defendant Melvyn Kevin should not be adjudged in criminal
contempt for violation and disobedience of the final judgment in cause S.E. C. v. Melvyn Kevin
entered Dec. 21, 1959. Defendant sentenced to 2 years imprisonment, execution of sentence sus-
pended and placed on probation for 4 years.
Petition for order to show cause why defendant should not be punished for criminal contempt in
violation of final judgment in cause S.E.C. v. Josiah Marshall Kirby entered on April 28, 1949.
Defendant pleaded guilty and placed on probation for a period of 5 years.

Order of Mar. 2, 1962, directing the defendants to show cause why they should not be adjudged in
criminal contempt of injunction prohibiting violations of Sec. 17 of the 1933 Act. Contempt pro-
ceedings dismissed as to 1 defendant, Jan. 7, 1963. Pending as to the remaining 2 defendants."

1

Kormel, Inc.

༦་“་་་ www of uppeurs aunny ine piscal year ended June 30, 1963 Commission action appealed from and status of case

Petition to review order Mar. 28, 1962, affirming the disciplinary action taken against petitioner by NASD,
Inc. Pending.

Order of Aug. 15, 1962, revoking the broker-dealer registration of Investment Service Company and
finding petitioner as cause of such revocation. Pending.

Order of Feb. 6, 1961, finding petitioner to be a cause of the broker-dealer registration of Mac Robbins Co.,
Inc. Petitioner's brief and appendix filed. Opinion and judgment entered by CA-2 remanding case
to the Commission. Commission opinion pursuant to remand promulgated July 11, 1962. Closed.
Petition to review Commission order, July 11, 1962, reaffirming its findings naming petitioner a cause of
the revocation of the broker-dealer registration of Mac Robbins & Co. Opinion of CA-2 affirming
the decision of Commission. Closed.

Order of June 8, 1962, suspending petitioner's broker-dealer registration pending final determination of
the issue of revocation. Notice of motion for stay filed June 20, 1962. Dismissal by stipulation entered
Jan. 14, 1963. Closed.

Order of Apr. 30, 1963, revoking the broker-dealer registration of Ross Securities, Inc. and finding
petitioner cause of such revocation. Pending.

Order of Sept. 18, 1962, revoking the broker-dealer registration of B. Fennekohl & Co. and Fennekohl &.
Co., Inc. and finding petitioner cause of such revocation. Petition for stay pending appeal granted
Jan. 15, 1963. Pending.
Petition to review Commission order Oct. 29, 1962, revoking the broker-dealer registration of Reilly,
Hoffman & Co., Inc. and naming petitioner as cause of such revocation. Pending.
Petition for review of Commission order dated July 9, 1962, revoking broker-dealer registration and ex-
pelling from membership in NASD and holding petitioner as cause thereof. Pending.
Orderof Feb. 6, 1961, revoking the broker-dealer registration of Mac Robbins & Co., Inc. and finding Kahn
among others a cause of such revocation. Petitioner's brief and appendix filed. Opinion of CA-2 re-
manding decision to the Commission. Closed.

Petition for review of order of July 5, 1962, dismissing without hearing petitioner's application under Sec.
2(a) (9) of Investment Company Act of 1940; and order of Aug. 2, 1962, summarily denying request for a
hearing on said application. Order entered Oct. 8, 1962, dismissing petition for review. Closed.
Petition for review of Commission order dated July 9, 1962, revoking broker-dealer registration and ex-
pelling from membership in NASD and holding petitioner as cause thereof. Pending.

Petition for a declaratory judgment by the court and for review of administrative agency action, filed.
Order dismissing petition Feb. 27, 1963. Petition for writ of certiorari filed Apr. 18, 1963; denied June 3,
1963. Closed.

Petition to review order of Dec. 27, 1962, dismissing an application In the "Matter of Investors Mutual,
Inc." Pending.
Petition to review orders of the Commission of Mar. 8, and Mar. 31, 1961, instituting proceedings to deter-
mine whether to deny broker-dealer registration and postponing the effective date of registration until a
final determination on the question of denial. Response of the SEC to petitioner's motion to stay SEC
orders filed June 1, 1961. Memorandum of petitioner in support of motion for stay filed June 3, 1961,
and denied. Pending.

Petition for review of the order dated Jan. 22, 1963, denying certain exemptions re requirements of Sec.
6(c) of 1940 Act, requesting that said order be vacated and set aside and annulled, filed. Pending.
Petition for review of order dated June 7, 1962, denying motion for rehearing on order issued Jan. 17, 1962,
revoking the broker-dealer registration of Philip Newman Associates and naming petitioner as cause
thereof. Order of dismissal entered Dec. 3, 1962. Closed.

Petition for review of Commission order of Dec. 28, 1962, revoking the broker-dealer registration of Banner
Securities and naming petitioner as cause of such revocation. Application for stay pending appeal
denied by CA DC. Pending.

Petition filed by Claude V. Warren for review of a Commission order suspending Sutro Bros. & Co., from the NASD for 15 days. Pending.

Berko, Irwin..

2d Circuit...

May 21, 1962
Oct. 13, 1962
Apr.

June 20, 1962

TABLE 22.-Miscellaneous actions involving the Commission or employees of the Commission during the fiscal year ended June 30, 1963

Plaintiff

Court

Initiating

papers filed

Status of case

CA DC.

Carroll, Howard P.

Colorado.

Sept. 20, 1962

Deco Aluminum, Inc.

Eastern District of
Pennsylvania.

Aug. 22, 1962

....do.

Imperial Fund, Inc.

Minnesota.

al.

Apr. 2, 1963

Summons and complaint filed seeking a temporary restraining order, preliminary and final judgment for
purposes of criminal discovery and obtaining evidence and information for the prosecution of a pending
criminal indictment against plaintiffs. Order entered Oct. 22, 1962, dismissing the action. Closed.
Complaint filed seeking a preliminary and permanent injunction from further investigating or examining
under subpoena the books and records of the plaintiff. Motion filed by SEC to dismiss. Order en-
tered granting the dismissal Aug. 31, 1962. Closed.

District of Columbia.-June 13, 1962 Complaint filed June 13, 1962, seeking to enjoin the Commission from continuing administrative proceed-
ings entitled, In the Matter of R. A. Holman & Co., Inc., Pearson Corporation. Order entered July 6,
1962, granting plaintiff's motion for preliminary injunction. Notice of appeal filed July 10, 1962. Dis-
trict Court order reversed by Court of Appeals June 13, 1963. Pending.
Summons and complaint filed seeking an order enjoining the defendants from circulating harmful untruths
and for damages in total amount of $520,000. Motions to dismiss or in the alternative for summary
judgment filed. Pending.
Summons and complaint filed by John V. Holmes seeking an order of injunction against interference with
plaintiffs' business and contracts, and disclosure of certain alleged confidential lay-outs, plans and de-
signs. Plaintiffs seek damages of $22,750,000 against the United States. Pending.

May 24, 1963

May 7, 1963 Complaint for a mandatory injunction seeking an order requiring the defendants to declare effective post-
effective amendments to the registration statement of plaintiff, Imperial Fund Inc., under the 1933 Act.
Pending.

Kukatush Mining Corp., et District of Columbia.. Aug. 24, 1961 Complaint filed Aug. 24, 1961, for a declaratory judgment restraining Commission from continuing to in-
clude the name Kutatush Mining Company in the Canadian Restricted List issued by the Commission.
Motion to dismiss complaint filed Sept. 12, 1961. Opinion and order granting the Commission's motion
Oct. 19, 1961, Notice of appeal filed from the district court's order. Various briefs filed and case argued.
Opinion rendered Oct. 11, 1962, upholding Commission's right to publish its Canadian restricted list.
Closed.

CA DO.

Oct. 26, 1961

U.S. Court of Claims.. July 30, 1954 | Petition for judgment alleging improper separation in reduction in force and seeking recovery of lost pay

Eastern District of June 14, 1963
Pennsylvania.

Southern District of
New York.

Nov. 2, 1961

Amos Treat & Co., Inc., et al. (District of Columbia..
CA DC.

Apr. 25, 1962
Apr. 30, 1962

filed July 30, 1954. Government's first amended answer filed Jan. 12, 1961. Defendant's brief and ex-
ceptions filed Jan. 10, 1962. Opinion rendered Nov. 7, 1962, in favor of the plaintiff. Closed.
Summons and complaint filed to enjoin the Commission from hindering and obstructing the plaintiff
from conducting a so-called "commodity exchange" dealing in securities futures. Order entered with-
drawing the complaint. Closed.
Complaint filed to enjoin the Commission from continuing an investigation into violations of the Securi-
ties Exchange Act during the pendency of broker-dealer revocation proceedings based upon evidence
previously developed in the investigation. Plaintiff's motion for preliminary injunction denied Nov.
15, 1961. Closed.

Summons and complaint filed seeking a permanent injunction from further continuing and prosecuting
the revocation proceedings now pending before the Commission. Order entered Apr. 30, 1962, denying
plaintiff's motion for preliminary injunction and appeal filed Apr. 30, 1962. Opinion reversing order
of the District Court May 10, 1962. Petition for rehearing filed May 25, 1962. Petition denied June 14,
1962. Order entered Aug. 8, 1962, terminating proceedings without prejudice. Closed.
July 19, 1962 Complaint filed seeking to enjoin administrative hearing ordered Feb. 19, 1962, naming the plaintiff as a
respondent on the basis of possible violations of Securities Act of 1933 and Securities Exchange Act of
1934. Temporary restraining order denied. Closed.

June 14, 1962

Oct. 20, 1962

TABLE 23.-Cases in which the Commission participated as intervenor or as amicus curiae, pending during the fiscal year ended June 30, 1963

Name of case

U.S. District Court,
Court of Appeals, or
U.S. Supreme Court

Date of entry

American Trailer Rentals
Co., In re.

Colorado..

Mar. 22, 1963

Bellanca Corp. v. Sydney L.
Albert, et al.

Northern District of
Ohio.

Feb. 21, 1961

Blau, Isadore v. Edward
Lamb, et al.

2d Circuit.

Jan. 1963

Borak, Carl H. v. J. I. Case
Co.

7th Circuit.

Jan. 4, 1963

Fuller, Stephen D. et al., v.
Arthur Dilbert, et al.

Southern District of
New York.

Dec. 6, 1962

&

Southern District of
California.
District of Minnesota.

June 25, 1963

Gluck, Maxwell II. V.
Shearson, Hammill
Company.
Honigman, Edith v. Green
Giant Co., et al.

Nature and status of case

Petition for leave to intervene in proceedings for an arrangement under Chapter XI of the Bankruptcy
Act to show violations of Section 17(a) of the 1933 Act, filed. Referee in Bankruptcy entered order
dismissing intervention of Commission, and Commission has petitioned district court to review.
Pending.
Action under Sec. 20(c) and 10(b) of the 1934 Act and Rule 10b-5 thereunder alleging that the plaintiff
was fraudulently induced by Albert to transfer its stock or other assets in connection with transactions
whereby Bellanca acquired assets of other companies and that Albert hindered the filing of reports
required by the Act. The defendant-directors of Bellanca aided and abetted the fraud on the corpora-
tion by authorizing, acquiescing in or ratifying Albert's actions in connection with these transactions.
Commission's memorandum Mar. 6, 1961, as amicus curiae in opposition to motion to dismiss the
complaint served. Pending.

This is an action under Sec. 16(b) of the 1934 Act seeking recovery of "short swing" profits, Brief of
SEC amicus curiae filed in support of a reversal of judgment of the district court. Opinion rendered
reversing the decision of district court, Mar. 8, 1963. Petition for writ of certiorari filed May 13, 1963.
Pending.

The above action was brought by a stockholder of J. I. Case Co., alleging that the merger between said
company and American Tractor Corp. followed false and misleading proxy solicitation in violation of
Sec. 14(a) of 1934 Act, and that the market price of American Tractor stock at the time of the merger was
artificially high as a result of a series of manipulative practices in violation of Sec, 10(b). Brief of SEC
amicus curiae filed Jan. 4, 1963. Opinion rendered reversing order dismissing plaintiff's third amended
complaint and remanding case to lower court. Pending.

Private action seeking a judgment declaring a contract for the sale of certain stock to be void and un-
enforceable under Secs 5 and 14 of the 1933 Act and Sec. 16(e) of the 1934 Act. Motion by defendant for
summary judgment. Commission was requested to file memorandum amicus curine on the Federal
securities law issues raised by the motion. Memorandum of Commission amicus curiae filled Dec. 6, 1962.
Opinion rendered Dec. 19, 1962, denying summary judgment. Closed.

Ths is an action in which the SEC appears as amicus curiae in support of the complaint filed by plaintiff
seeking to secure a precedent to investors in construing and enforcing Sec. 10(b). Motion by SEC for
leave to paticipate as amicus curiae filed June 25, 1963. Pending.
Feb, 20, 1961 Shareholder class action under Sec. 10(b) of the 1934 Act and Sec. 12(2) and 17(a) of the 1933 Act in which
Plaintiff demands recovery. Commission moved to participate as amicus, Commission memorandum
Mar. 10, 1961, amicus curiae served. Memorandum decision entered finding no basis for complaint fled
by plaintiff. Ordered on Oct. 20, 1961, that judgment be entered for defendants, District Court de-
cision affirmed on appeal and petition for writ of certiorari denied Mar. 18, 1963. The Commission did
not participate in the court of appeals and supreme court actions because no issues under securities laws
were involved. Closed.