Bruce C. Kixmiller v. Securities and Exchange Commission

Petitioner seeks review in this court of advice informally given a corporation by the staff of the Securities and Exchange Commission. The advice was that the staff, for reasons stated, would not recommend action by the Commission respecting the contemplated exclusion from management’s proxy materials of a stockholder’s proposals for action at a stockholders’ meeting. The Commission has refused either to examine the staff’s view of the matter or to express a view of its own; it now asserts that we lack jurisdiction to consider the peti tion for review and urges dismissal. We grant the motion…