Opinion · Court of Appeals for the First Circuit

Blatchley v. Securities & Exchange Commission

157 F.2d 898

Type
Opinion
Court
Court of Appeals for the First Circuit
Jurisdiction
Federal
Date
1946-10-29
Topic
general

PER CURIAM. This is a petition under § 24(a) of the Public Utility Holding Company Act of 1935, 49 Stat. 803, 15 U.S.C.A. § 79x(a), seeking review of an order of the Securities and Exchange Commission issued October 11, 1945, approving a certain plan of reorganization submitted by New England Public Service Company under § 11(e) of the Act, 15 U.S.C.A. § 79k(e). For the background, see our opinion in Harry C. Blatch-ley, Petitioner, 157 F.2d 894. Motions to *899dismiss have been filed by the Commission and by New England Public Service Company, Intervenor, on the ground that this court lacks jurisdiction to entertain the petition.

Citator

UpLaw has not yet analyzed Blatchley v. Securities & Exchange Commission. The absence of a flag is not a finding that it is good law.

Cited by
6 opinions
BLATCHLEY v. SECURITIES AND EXCHANGE COMM.,157 F.2d 898(1st Cir. 1946)
BLATCHLEY v. SECURITIES AND EXCHANGE COMMISSION et al.
No. 4137.
Circuit Court of Appeals, First Circuit.
October 29, 1946.
Rehearing Denied December 18, 1946.
Petition for Review of an Order of the Securities and Exchange Commission.

Petition by Harry C. Blatchley to review an order of the Securities Exchange Commission approving a plan of reorganization submitted by the New England Public Service Company under the Public Utility Holding Company Act, wherein the company intervened. The commission and intervenor filed motions to dismiss.

Petition dismissed.
Thurman Arnold, of Washington, D.C., (Abe Fortas and Arnold Fortas, both of Washington, D.C., and Harry E. Burroughs, and William Reed Bigelow, both of Boston Mass., of counsel), for Harry C. Blatchley.

Roger S. Foster, of Philadelphia, Pa. (Milton V. Freeman, Morton E. Yohalem, and Clark Byse, all of Philadelphia, Pa., of counsel), for S.E.C.

Leonard A. Pierce, of Portland, Me., Everett H. Maxcy, of Augusta, Me., and Charles A. Coolidge, of Boston, Mass. (Hutchinson, Pierce, Connell, Atwood Scribner, of Portland, Me., and Ropes, Gray, Best, Coolidge Rugg, of Boston Mass., of counsel), for New England Public Service Co.
Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.
PER CURIAM.
This is a petition under § 24(a) of the Public Utility Holding Company Act of 1935,49 Stat. 803, 15 U.S.C.A. § 79x(a), seeking review of an order of the Securities and Exchange Commission issued October 11, 1945, approving a certain plan of reorganization submitted by New England Public Service Company under § 11(e) of the Act, 15 U.S.C.A. § 79k(e). For the background, see our opinion in Harry C. Blatchley, Petitioner,157 F.2d 894. Motions toPage 899dismiss have been filed by the Commission and by New England Public Service Company, Intervenor, on the ground that this court lacks jurisdiction to entertain the petition. The motions to dismiss must be granted upon the authority of Okin v. Securities and Exchange Commission, 2 Cir., 1944,145 F.2d 206, and Lownsbury v. Securities and Exchange Com'n, 3 Cir., 1945,151 F.2d 217.

The petition for review is dismissed for lack of jurisdiction.