Opinion
No. 4166.
October 29, 1946. Rehearing Denied December 18, 1946.
Appeal from the District Court of the United States for the District of Maine; John A. Peters, Judge.
The Securities and Exchange Commission approved a plan of reorganization submitted by the New England Public Service Company under the Public Utility Holding Company Act. From an order of the court enforcing such plan, Harry C. Blatchley appeals, and the company moves to docket and dismiss the appeal.
Appeal dismissed.
Thurman Arnold, of Washington, D.C. (Abe Fortas, of Washington, D.C., and Harry E. Burroughs, of Boston, Mass., of counsel), for Harry C. Blatchley.
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. Maxey, 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.
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 in a memorandum filed by the Commission. We think that the motion must be granted for the reason that appellant Blatchley, in the circumstances disclosed, has no standing to appeal from the order enforcing the plan.
The appeal is dismissed.