Legal Opinion

Securities & Exchange Commission v. First Securities Co.

Court of Appeals for the Seventh Circuit

Decided January 7, 1976No. 75-1866PublishedCited by 6 opinions

1Per curiam

The difficult issue in this appeal is whether the attorney for a creditors committee is entitled to a fee from a securities law receivership.

I

The Securities and Exchange Commission commenced this receivership action against First Securities Company of Chicago within a week after Leston B. Nay, its president, committed suicide and left a note stating that the firm was insolvent because of his thefts and the spurious escrow accounts he had created. A week after the action was filed, Keith B. McKy was appointed receiver on June 17, 1968. One day later, attorneys were appointed for the receiver…

2Cases cited19 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Sprague v. Ticonic National BankSupreme Court of the United States · 1939
  3. Young v. Higbee Co.Supreme Court of the United States · 1945
  4. Dickinson Industrial Site, Inc. v. CowanSupreme Court of the United States · 1940
  5. Fed. Sec. L. Rep. P 94,499 Olga Hochfelder v. Midwest Stock Exchange, Leon S. Martin v. Midwest Stock ExchangeCourt of Appeals for the Seventh Circuit · 1974

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3Cited by6 opinions

  1. Fed. Sec. L. Rep. P 96,610 Securities and Exchange Commission v. Gerson Blatt, Barton S. Udell, and John PullmanCourt of Appeals for the Fifth Circuit · 1978
  2. Fed. Sec. L. Rep. P 96,004 Securities and Exchange Commission v. Beisinger Industries Corp.Court of Appeals for the First Circuit · 1977
  3. In Re PollockUnited States Bankruptcy Court, D. Massachusetts · 1982
  4. Fed. Sec. L. Rep. P 95,415 Securities and Exchange Commission v. First Securities Company of Chicago, Customer Creditors Committee, Claimants-Appellants v. Keith B. McKy Receiver-Appellee, and Olga Hochfelder, Escrow Claimants-AppelleesCourt of Appeals for the First Circuit · 1976
  5. Fed. Sec. L. Rep. P 96,610 Securities and Exchange Commission v. Gerson Blatt, Barton S. Udell, and John PullmanCourt of Appeals for the Fifth Circuit · 1978

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