Legal Opinion
New York City Employees' Retirement System v. Securities & Exchange Commission
District Court, S.D. New York
Decided January 19, 1994No. 93 Civ. 1233 (KMW)PublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER
KIMBA M. WOOD, District Judge.
On October 15, 1993, the court issued an Order enjoining defendant Securities and Exchange Commission (“SEC”) from issuing any no-action letter in which the SEC takes a position at variance with the understanding of the “ordinary business operations” exception adopted by the SEC on November 22, 1976, until such time as the SEC adopts such a position in a rule-making proceeding pursuant to public notice and comment. The court’s factual and legal findings are set forth below.
Plaintiffs challenge a change in the SEC’s enforcement policy concerning…
2Cases cited57 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Heckler v. ChaneySupreme Court of the United States · 1985
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3Cited by4 opinions
- New York City Employees' Retirement System v. Securities & Exchange CommissionCourt of Appeals for the Second Circuit · 1995
- Marinoff v. U.S. Department of Housing & Urban DevelopmentDistrict Court, S.D. New York · 1995
- New York City Employees' Retirement System v. Securities And Exchange CommissionCourt of Appeals for the Second Circuit · 1995
- Marinoff v. US DEPT. OF HUDDistrict Court, S.D. New York · 1995