Legal Opinion
New York City Employees' Retirement System v. Securities & Exchange Commission
Court of Appeals for the Second Circuit
Decided January 3, 1995No. 196, Docket 94-6072PublishedCited by 11 opinions
1Opinion of the Court
McLAUGHLIN, Circuit Judge:
The plaintiffs, New York City Employees’ Retirement System (“NYCERS”) and two other institutional investors, sued the Securities and Exchange Commission (“SEC”) in the United States District Court for the Southern District of New York (Kimba M. Wood, Judge), to enjoin the SEC from violating section 553(b) of the Administrative Procedure Act (“APA”). See 5 U.S.C. § 553(b). The lawsuit stemmed from an SEC “no-action” letter, in which the SEC announced that it was changing its interpretation of SEC Rule 14a-8(c)(7). See 17 C.F.R. § 240.14a-8(c)(7) (1994) (“Rule…
2Cases cited12 opinions
- Heckler v. ChaneySupreme Court of the United States · 1985
- Batterton v. FrancisSupreme Court of the United States · 1977
- Council of and for the Blind of Delaware County Valley, Inc. v. Donald T. Regan, Secretary of the TreasuryCourt of Appeals for the D.C. Circuit · 1983
- Amelia Roosevelt v. E.I. Du Pont De Nemours & CompanyCourt of Appeals for the D.C. Circuit · 1992
- White v. ShalalaCourt of Appeals for the Second Circuit · 1993
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3Cited by11 opinions
- New York City Employees' Retirement System v. Securities And Exchange CommissionCourt of Appeals for the Second Circuit · 1995
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- (PC) Uhuru v. RaoDistrict Court, E.D. California · 2021
- (PS) Stafford v. DossDistrict Court, E.D. California · 2021
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