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New Orleans Public Service
Inc., et al., In re.
Oct. 23, 1961
Application filed by Commission for an order enforcing the carrying out of a plan pursuant
to Sec. 11(e) of the 1935 Act approved by Commission order entered Oct. 19, 1961, and
Feb. 18, 1963. Closed.
in order dated June 6, 1963. Closed.
the court. Pending.
Table 20.—Contempt proceedings ling during the fiscal year ended June 30, 1963
CRIMINAL CONTEMPT PROCEEDINGS
TABLE 21.-Petitions for review of orders of Commission pending in courts of appeals during the fiscal year ended June 30, 1963 Petitioner U.S. Court of Appeals Initiating
Commission action appealed from and status of case
papers filed Aurell, Walter A.
May 21, 1962 Petition to review order Mar. 28, 1962, affirming the disciplinary action taken against petitioner by NASD,
Oct. 13, 1962 Order of Aug. 15, 1962, revoking the broker-dealer registration of Investment Service Company and
finding petitioner as cause of such revocation. Pending, Berko, Irwin..
Apr. 5, 1961 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 Do.
Sept. 6, 1962 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. Brown, Barton & Engel... 3d Circuit..
June 20, 1962 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.
June 26, 1963 Order of Apr. 30, 1963, revoking the broker-dealer registration of Ross Securities, Inc. and finding
petitioner cause of such revocation. Pending. Fligel, Marshall A.
Nov. 15, 1962 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.
Dec. 10, 1962 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.
Aug. 30, 1962 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. Kahn, Arnold Leonard. 2d Circuit
Mar. 24, 1961 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. Leighton, William
Aug. 31, 1962 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. Lile, Trennis K.
Sept. 10, 1962 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. Major Oil Development Co.. 10th Circuit.
Jan. 2, 1963 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,
Feb. 25, 1963 Petition to review order of Dec. 27, 1962, dismissing an application In the "Matter of Investors Mutual,
May 3, 1961 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
and denied. Pending.
Mar. 15, 1963 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. Reiter, Allen.
Aug. 8, 1962 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 Rotter, Bernard.
Feb. 26, 1963 Petition for review of Commission order of Dec. 28, 1962, revoking the broker-dealer registration cf Banner
Securities and naming petitioner as cause of such revocation. Application for stay pending appeal Warren, Claude V
denied by CADO. Pending. June 10, 1963 Petition filed by Claude V. Warren for review of a Commission order suspending Sutro Bros. & Co., from
the NASD for 15 days. Pending.
TABLE 22.-Miscellaneous actions involving the Commission or employees of the Commission during the fiscal year ended June 30, 1963
Carroll, Howard P.
Sept. 20, 1962 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.
Eastern District of Aug. 22, 1962 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.
Complaint filed June 13, 1962, seeking to enjoin the Commission from continuing administrative proceed-
June 13, 1962
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. Holmes, John V. & Hydra- Western District of Apr. 2, 1963 Summons and complaint filed seeking an order enjoining the defendants from circulating harmful untruths motive Manufacturing North Carolina.
and for damages in total amount of $520,000. Motions to dismiss or in the alternative for summary Corp. v. S.E.C.
judgment filed. Pending. Holmes, Jobn V. et al., ...do..
May 24, 1963 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. Imperial Fund, Inc.
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 inal..
clude the name Kutatush Mining Company in the Canadian Restricted List issued by the Commission. CA DC.
Oct. 26, 1961 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
Levinson, Herman D U.S. Court of Claims.. | July 30, 1954 Petition for judgment alleging improper separation in reduction in force and seeking recovery of lost pay
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.
from conducting a so-called "commodity exchange" dealing in securities futures. Order entered with
drawing the complaint. Closed.
Southern District of Nov. 2, 1961 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
15, 1961. Closed.
30, 1962, denying
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. Wechsler, Nathan.
June 14, 1962 Complaint filed for an order permanently enjoining defendants from holding a private hearing re plaintiff's
fitness to practice before the Commission. Order entered denying motion for temporary restraining
Oct. 15, 1962. Closed
Complaint filed seeking a final judgment permanently enjoining the Commission from further continuing
Oct. 20, 1962 and prosecuting the stop order proceedings now pending. Order entered Oct. 24, 1962, denying motion (USSC.
for preliminary injunction. Notice of appeal from said order filed Oct. 24, 1962. Decision rendered by CA DC affirming the district court's order. Pending.