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355 F.2d 150

Docket No. 22098.

Holmes v. Cary

Fifth Circuit Court of Appeals

Decided Jan. 19, 1966.

Fifth Circuit Court of Appeals · decided 1966-01-19

Cited by 2 later decisions — most recently December 1966

1 federal appellate · 1 state decisions

2 counsel of record

Relies on Holmes v. Eddy · Holmes v. United States · 229 F. Supp. 88 - Securities & Exchange Commission v. Bond & Share Corp.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1966-01-19

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¶1John V. Holmes, for appellants.

¶2Paul J. Kemp, Walter P. North, Attys., S. E. C., Washington, D. C., Philip A. Loomis, Jr., Gen. Counsel, Martin D. Newman, Atty., Securities and Exchange Commission, Washington, D. C., for ap-pellees.

¶3Before BROWN and COLEMAN, Circuit Judges, and GARZA, District Judge.

¶4PER CURIAM:

¶5This case, arising out of a much litigated dispute between Plaintiffs and the SEC,1 represents an attempt to require the SEC to file, make public, and treat in a regular fashion a paper which purports to be a registration statement. In view of the fact that this paper clearly fails to meet the requirements of the Securities Act of 1933 and the SEC’s rules and regulations, we agree fully with the District Court that it does not represent a bona fide attempt to qualify to sell securities to the investing public and hence is not a registration statement at all. Summary judgment for the Defendants was correct.

¶6Affirmed.

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