Theodore Hersh, Petitioner, v. Securities and Exchange Commission, Respondent, 325 F.2d 147 (9th Cir. 1963)

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US Court of Appeals for the Ninth Circuit - 325 F.2d 147 (9th Cir. 1963) November 20, 1963

Fizzolio & Fizzolio, North Hollywood, Cal., for petitioner.

Philip A. Loomis, Jr., Gen. Counsel, Walter P. North, Assoc. Gen. Counsel, and Jacob H. Stillman, Atty., Securities and Exchange Commission, Washington, D. C., for respondent.

Before BROWNING and DUNIWAY, Circuit Judges, and MATHES, District Judge.


Petitioner asks this Court to review, and set aside as to him, pursuant to § 25(a) of the Securities Exchange Act of 1934 [15 U.S.C. § 78y(a)], an order of the Securities and Exchange Commission issued July 9, 1962, under §§ 15(b) and 15A of the Act [15 U.S.C. §§ 78 o (b) and 78 o-3], which revoked the registration of J. Logan and Company as a broker and dealer in securities, expelled that company from membership in the National Association of Securities Dealers, Inc., and declared petitioner, among others, to be a "cause" of the revocation and expulsion within the meaning of § 15A(b) (4) (2) (C) of the Act [15 U.S. C. § 78 o-3(b) (4) (2) (C) ].

Examination of the record discloses substantial evidence in support of the Commission's findings as to petitioner. Accordingly, we affirm the order as to petitioner upon the grounds and for the reasons stated in the opinion of the Commission.