Opinion · United States Court of Appeals for the First Circuit

GOLDFINE v. SECURITIES AND EXCHANGE COMMISSION, 157 F.2d 900 (1st Cir. 1946)

GOLDFINE v. Sec. & Exch. Comm’n, 157 F.2d 900 (1st Cir. 1946)

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

GOLDFINE v. SECURITIES AND EXCHANGE COMMISSION, 157 F.2d 900 (1st Cir. 1946) GOLDFINE v. SECURITIES AND EXCHANGE COMMISSION et al. No. 4175.Circuit Court of Appeals, First Circuit. October 29, 1946.

Citator

UpLaw has not yet analyzed GOLDFINE v. SECURITIES AND EXCHANGE COMMISSION, 157 F.2d 900 (1st Cir. 1946). The absence of a flag is not a finding that it is good law.

GOLDFINE v. SECURITIES AND EXCHANGE COMMISSION,157 F.2d 900(1st Cir. 1946)

GOLDFINE v. SECURITIES AND EXCHANGE COMMISSION et al.

No. 4175.

Circuit Court of Appeals, First Circuit.

October 29, 1946.

Appeal from the District Court of the United States for the District of Maine; John A. Peters, Judge.Page 901

The New England Public Service Company submitted a plan of reorganization to the Securities and Exchange Commission pursuant to the Public Utility Holding Company Act, which plan was approved by the commission. From an order of the District Court enforcing such plan Allen L. Goldfine appeals, and the company moves to docket and dismiss the appeal.

Appeal dismissed.

See also157 F.2d 899.

George L. Rabb, of Boston, Mass. (Rabb Rabb, of Boston, Mass., of counsel), for Allen L. Goldfine.

Roger S. Foster, of Philadelphia, Pa. (Morton E. Yohalem, of Philadelphia, Pa., of counsel), for S.E.C.

Leonard A. Pierce, of Portland, Me. (Everett H. Maxcy, of Augusta, Me., 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.

Appeal is here taken from an order of the United States District Court for the District of Maine, entered October 25, 1945, enforcing a certain plan of reorganization theretofore submitted by New England Public Service Company to the Securities and Exchange Commission pursuant to § 11(e) of the Public Utility Holding Company Act of 1935,49 Stat. 803, 15 U.S.C.A. § 79k(e), and by the Commission duly approved. For the background of the case, see our opinion in Harry C. Blatchley, Petitioner,157 F.2d 894. Appellee New England Public Service Company has filed a motion to docket and dismiss the appeal, which motion is supported by a memorandum filed by the Commission. We think that the motion must be granted for the reason that appellant Goldfine, in the circumstances disclosed, has no standing to appeal from the order enforcing the plan.

The appeal is dismissed.