Opinion
No. 4138.
October 29, 1946.
Petition for Review of an Order of the Securities and Exchange Commission.
Petition by Allen L. Goldfine to review an order of the Securities and Exchange Commission approving a plan of reorganization submitted by New England Public Service Company under the Public Utility Holding Company Act, wherein the company intervened. The commission and the company filed motions to dismiss.
Petition dismissed.
See also 157 F.2d 900.
George L. Rabb and Maxwell M. Rabb, both of Boston, Mass. (Victor R. Wolder, of New York City, Goodwin, Rosenbaum Meacham, of Washington, D.C., and Rabb Rabb, of Boston, Mass., of counsel), for petitioner.
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.
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 to dismiss 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 Exchange Com., 2 Cir., 1944, 145 F.2d 206, and Lownsbury v. Securities Exchange Com., 3 Cir., 1945, 151 F.2d 217.
The petition for review is dismissed for lack of jurisdiction.