Legal Opinion · Dissent

Securities & Exchange Commission v. Long Island Lighting Co.

Court of Appeals for the Second Circuit

Decided April 30, 1945No. 233Published

1DissentClark, Circuit Judge

Public Utility Holding Company Act of 1935, § 3(a), 15 U.S.C.A. § 79c (a), authorizes the Securities and Exchange Commission to exempt certain holding companies of a predominantly intrastate character from the provisions of the Act, "unless and except insofar as it finds the exemption detrimental to the public interest or the interest of investors or consumers”; but under § 3(c), it “shall” revoke the exemption whenever, on its own motion or upon application of a company involved, it "finds that the circumstances which gave rise to the issuance of such order no longer exist.” This power and…

2Cases cited17 opinions

  1. In Re DebsSupreme Court of the United States · 1895
  2. Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
  3. Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
  4. Pennsylvania v. WilliamsSupreme Court of the United States · 1935
  5. Ecker v. Western Pacific R. Corp.Supreme Court of the United States · 1943

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