Legal Opinion

Securities & Exchange Commission v. Wheeling-Pittsburgh Steel Corp.

Court of Appeals for the Third Circuit

Decided January 21, 1981No. 80-1375PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal requires us to decide if the district court erred in refusing to enforce a subpoena duces tecum issued by the Securities and Exchange Commission pursuant to § 21(b) of the Securities Exchange Act, 15 U.S.C. § 78u(b), to Wheeling-Pittsburgh Steel Corporation (W-P) and its president, Dennis J. Carney. The district court determined that W-P failed to meet its burden of proving that the SEC acted in bad faith, 482 F.Supp. 555, 563-564 but concluded that the SEC “has permitted, and at times encouraged, the abuse of its investigating…

Also in this document: Dissent.

2Cases cited29 opinions

  1. United States v. PowellSupreme Court of the United States · 1964
  2. Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970
  3. Perez v. LedesmaSupreme Court of the United States · 1971
  4. Donaldson v. United StatesSupreme Court of the United States · 1971
  5. Federal Trade Commission v. Standard Oil Co.Supreme Court of the United States · 1980

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3Cited by3 opinions

  1. Guy Gentile v. SECCourt of Appeals for the Third Circuit · 2020
  2. United States v. Community Bank And Trust CompanyCourt of Appeals for the Tenth Circuit · 1985
  3. Sec v. Wheeling-Pittsburgh Steel CorporationCourt of Appeals for the Third Circuit · 1981

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