TABLE 23.-Cases in which the Commission participated as intervenor or as amicus curiae, pending during the fiscal year ended June 30, 1963 Petition for leave to intervene in proceedings for an arrangement under Chapter XI of the Bankruptcy This is an action under Sec. 16(b) of the 1934 Act seeking recovery of "short swing" profits. Brief of The above action was brought by a stockholder of J. I. Case Co., alleging that the merger between said Private action seeking a judgment declaring a contract for the sale of certain stock to be void and un- Ths is an action in which the SEC appears as amicus curiae in support of the complaint filed by plaintiff An action based upon alleged violations of Sec. 16(b) of the 1934 Act in which recovery is sought of profits Action in which Chancellor Seitz decided that the Keystone Funds' principal underwriting contract was An action based upon alleged violations of Sec. 16(b) and (c) of the 1934 Act in which recovery is sought of This is an action in which the Commission appears as amicus euriae to set forth its disagreement with certain TABLE 24.-Proceedings under the Bankruptcy Act pending during the fiscal year ended June 30, 1963, in which the Commission participated when district court orders were challenged in appellate courts Name of case and U.S. Court of Appeals American Trailer Rentals Co., debtor; In Re Securities and Exchange Commission, appellants (10th Circuit). Colorado Trust Deed Funds, Inc., appellant v. James Thomas, III, Boyd Thomas and Securities and Exchange Commission, appellees (10th Circuit). Crumpton Builders, Inc., debtor; In Re Securities and Exchange Commission appellants (5th Circuit). Flora Sun Corp., debtor; (Francis J. Corr & Dorothy J. Corr) appellants (CA-5). Florida Southern Corp., debtor; W. D. York, appellant (5th Circuit) USSC. GFE Industries. Inc.. debtor; Lester M. Entin & Joseph Waters, dba Lester M. Entin Associates, appellants v. John C. Stevens, Trustee and Securities and Exchange Commission. Grayson-Robinson Stores, Inc., debtor; Securities and Exchange Commission, appellants (2d Cir. cuit). Inland Gas Corporation, et al., debtors; Green Committee, et al., appellants (6th Circuit). Los Angeles Trust Deed & Mortgage Exchange, debtor: Securities and Exchange Commission, appellants (9th Circuit). Muskegon Motor Specialties Co., debtor; International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, AFL-CIO, and its local 1272, Voluntary Unincorporated Associations, appellants (6th Circuit). Scranton Corporation & Hal Roach Studios, debtors; State of California, appellant (3d Circuit). Selected Investments Corp., debtor; B. H. Carey, appellant (10th Circuit). TMT Trailer Ferry, Inc., debtor; The Protective Committee for Independent stockholders of TMT Trailer Ferry, Inc., appellant v. C. Gordon Anderson as Trustee, appellee (CA-5). Nature and status of case Notice of appeal filed by SEC from the order entered May 20, 1963. denying the motion of SEC to dismiss the debtor's petition for relief under Chapter XI of the Bankruptcy Act on the ground that any proceeding for the rehabilitation of the debtor under the Bankruptcy Act should have been brought under Chapter X of that Act. Pending. Notice of appeal filed by Colorado Trust Deed Funds, Inc., from an order entered Nov. 6, 1961, dismissing its petition for reorganization under Chapter X of the Bankruptcy Act. Briefs filed and hearing set for July 27, 1962. Opinion rendered Nov. 19, 1962, affirming the judgment of the district court. Closed. Notice of appeal filed by SEC from that portion of the order entered May 14, 1963, denying the motion of SEC to dismiss the proceedings under Chapter XI of the Bankruptcy Act. Pending. Appeal from order of Apr. 25, 1962, approving a petition for reorganization under Chapter X of the Bankruptcy Act. Commission filed a brief. Court of appeals decision handed down affirming the district court's order approving the petition for reorganization. Closed. Appeal filed by W. D. York, for reversal of district court order entered July 9, 1962, finding that the debtor's petition for reorganization was filed in good faith. Order of CA-5 entered Nov. 28, 1962, affirming the order of the district court. Petition for rehearing filed and denied Dec. 27, 1962. Petition for writ of certiorari filed Feb. 7, 1963. Brief for SEC in opposition Mar. 1963. Certiorari denied by supreme court. Closed. Notice of appeal filed by Lester M. Entin and Joseph Waters dba Lester M. Entin Associates, from the "Order Authorizing Sale" entered Mar. 1, 1963 and from the "Recommended Order Authorizing Sale of Private Brands and Order Granting Stay" filed Dec. 17, 1962, and from the "Order Authorizing Sale of Private Brands Division of Debtor" entered Mar. 4, 1963. Pending. This appeal involves the question whether a proceeding for an arrangement with its creditors by Grayson-Robinson Stores, Inc., pursuant to Chapter XI of the Bankruptcy Act should be dismissed on the ground that any proceeding for the rehabilitation of the debtor under the Bankruptcy Act should have been brought under Chapter X of that Act. Opinion rendered affirming district court's denial of motion. Petition for rehearing denied. Closed. Appeal from order of Apr. 8, 1961, limiting the recovery of expenses by the Green Committee. Brief and appendix of appellee filled Nov. 2. 1961. Brief of the Commission filed Nov. 9, 1961. Oral argument held Mar. 26, 1962. Decision rendered Oct. 1962, affirming the judgment of the district court. Closed. Notice of appeal filed by Commission from order of the district court denying motion to dismiss Chapter XI proceedings under an amended petition to comply with provisions of Chapter X. Appeal dismissed. Closed. This action arises out of a question whether or not the district court has discretion to refuse to compel the Trustee of a corporation in reorganization under Chapter X of the Bankruptcy Act to submit to arbitration a claim for vacation pay arising out of a previously expired collective bargaining agreement with a defunct subdivision of the debtor corporation. Petition for writ of certiorari filed May 27, 1963. Pending. Appeal filed Mar. 9, 1962, from order of court approving sale of assets of Hal Roach Studios pursuant to Sec. 116(3) of Chapter X proceed. ings. Stipulation dated Sept. 5, 1962, dismissing appeal since the matter is moot. Closed. Appeal from order of the district court denying appellant's compensation for legal services and reimbursement of expenses as Attorney for debtor. Motion for dismissal of appeal filed by appellant due to satisfactory settlement negotiations. Commission's objections filed Nov. 1, 1961. Order Nov. 20, 1961, remanding case to District Court. Order entered by the district court on June 4, 1962, reaffirming prior order denying compensation to appellant. Appeal on the merits. Court of Appeals affirmed district court's opinion, May 23, 1963. Closed. Appeal filed July 11, 1962, by the Protective Committee for Independent Stockholders of TMT Trailer Ferry, Inc., from "Opinion and Order on Valuation and Insolvency" of the Hon. Emett C. Choate. Appeal taken by Committee from the order confirming the plan of reorganization entered Feb. 14, 1963. Pending. TABLE 24.-Proceedings under the Bankruptcy Act pending during the fiscal year ended June 30, 1963, in which the Commission participated when district court orders were challenged in appellate courts—Continued Name of case and U.S. Court of United Star Companies, Inc., et al., Nature and status of case Notice of appeal filed by Commission from that portion of the order TABLE 25.—A 30-year summary of criminal cases developed by the Commissionfiscal years 1934-1963 [See table 26 for classification of defendants as broker-dealers, etc.] 1 The number of defendants in a case is sometimes increased by the Department of Justice over the number against whom prosecution was recommended by the Commission. Also more than 1 indictment may result from a single reference. ? See table 13 for breakdown of pending cases. 32 of these references as to 118 proposed defendants were still being processed by the Department of Justice as of the close of the fiscal year, and also 19 of the prior years references as to 88 proposed defendants. 4678 of these cases have been completed as to 1 or more defendants. Convictions have been obtained in 572 or 85 percent of such cases. Only 107, or 16 percent, of such cases have resulted in acquittals or dismissals as to all defendants, this includes numerous cases in which indictments were dismissed without trial because of the death of defendants or for other administrative reasons. See note 5, infra. * Includes 73 defendants who died after indictment. TABLE 26.-A 30-year summary classifying all defendants in criminal cases developed by the Commission-1934 to June 30, 1963 1 Includes persons registered at or prior to time of indictment. The persons referred to in this column, while not engaged in a general business in securities, were almost without exception prosecuted for violations of law involving securities transactions. TABLE 27.-A 30-year summary of all injunction cases instituted by the Commission-1934 to June 30, 1963, by calendar year |