Dyer v. Securities and Exchange Commission, No. 15765.

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtSANBORN, Circuit
Citation251 F.2d 512
Decision Date25 February 1958
Docket NumberNo. 15765.
PartiesNancy Corinne DYER and J. Raymond Dyer, Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent, Union Electric Company, a corporation, Intervenor-Respondent.

251 F.2d 512 (1958)

Nancy Corinne DYER and J. Raymond Dyer, Petitioners,
v.
SECURITIES AND EXCHANGE COMMISSION, Respondent,
Union Electric Company, a corporation, Intervenor-Respondent.

No. 15765.

United States Court of Appeals Eighth Circuit.

January 24, 1958.

Rehearing Denied February 25, 1958.


J. Raymond Dyer, St. Louis, Mo. (Nancy Corinne Dyer, as petitioner, was with him on the brief), for petitioners.

Daniel J. McCauley, Jr., Associate Gen. Counsel, Securities and Exchange Commission, Philadelphia, Pa. (Thomas G. Meeker, Gen. Counsel, Aaron Levy, Sp. Counsel, and Joseph S. Mitchell, Jr., Atty., Securities and Exchange Commission, Washington, D. C., were with him on the brief), for respondent.

Robert J. Keefe, St. Louis, Mo. (William H. Ferrell, Keefe, Doerner, Schlafly & Griesedieck, and J. M. Lashly, St. Louis, Mo., were with him on the brief), for intervenor-respondent.

251 F.2d 513

Before SANBORN and VAN OOSTERHOUT, Circuit Judges, and HARPER, District Judge.

SANBORN, Circuit Judge.

This case comes before us on a petition to review an order of the Securities and Exchange Commission, entitled "Order Permitting Declaration to become effective Regarding Solicitation of Proxies," entered March 21, 1957, in the Matter of Union Electric Company, File No. 68-167, a proceeding before the Commission having to do with a declaration of that Company for the solicitation of proxies from its stockholders for use at its annual stockholders' meeting scheduled to be held April 20, 1957.

The petition to review was filed under 15 U.S.C.A. § 79x by Nancy Corinne Dyer and her father, J. Raymond Dyer, each of whom is a stockholder of the Union Electric Company, a Missouri corporation and a holding company registered under the Public Utility Holding Company Act of 1935, 49 Stat. 803, 15 U.S.C.A. §§ 79a et seq. The Company's offices are in St. Louis, Missouri, where the petitioners reside.

It is provided by § 79x(a): (1) that a person aggrieved by an order of the Commission, such as is here in question, may obtain a review of it by a United States Court of Appeals by filing and serving a petition praying that the order be modified or set aside in whole or in part; (2) that the Commission shall thereupon certify and file in the court a transcript of the record upon which the order complained of was entered; (3) that the findings of the Commission as to the facts, if supported by substantial evidence, shall be conclusive; and (4) that "The judgment and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Commission shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sections 346 and 347 of Title 28" U.S.C. Subsection (b) of § 79x provides: "The commencement of proceedings under subsection (a) of this section...

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12 practice notes
  • Potomac Riv. Ass'n, Inc. v. Lundeberg Md. Sea. Sch., Inc., Civ. No. 73-789-Y.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • April 11, 1975
    ...prevented has been done and cannot be undone by an order of the court binding the parties before it, the case is moot. See Dyer v. S.E.C., 251 F.2d 512, 513 (8th Cir. 1958), vacated, 359 U.S. 499, 79 S.Ct. 1115, 3 L.Ed.2d 976 judgment recalled, 361 U.S. 803, 80 S.Ct. 40, 4 L.Ed.2d 52 (1959)......
  • Gay and Lesbian Students Ass'n v. Gohn, Civ. No. 86-5052.
    • United States
    • United States District Courts. 8th Circuit. Western District of Arkansas
    • March 23, 1987
    ...cases: Carson v. Pierce, 719 F.2d 931 (8th Cir.1983); United Indians of Nebraska v. Donovan, 702 F.2d 673 (8th Cir.1983); Dyer v. SEC, 251 F.2d 512 (8th Cir.1958), vacated, 359 U.S. 499, 79 S.Ct. 1115, 3 L.Ed.2d 976, judgment recalled, 361 U.S. 803, 80 S.Ct. 40, 4 L.Ed.2d 52 (1959). Dyer in......
  • Dyer v. CIR, No. 17892.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • December 1, 1965
    ...and the petitioners' application for a stay of that order. Union intervened. This court denied the relief requested. Dyer v. SEC, 251 F.2d 512 (8 Cir. 1958). Certiorari was granted, however, and the case remanded for further consideration. 359 U.S. 499, 79 S.Ct. 1115, 3 L.Ed.2d 976. Half th......
  • State ex rel. Dyer v. Public Service Commission, No. 48085
    • United States
    • United States State Supreme Court of Missouri
    • December 12, 1960
    ...corporate records, proposed amendments of by-laws, and related matters. See: Dyer v. S.E.C., 8 Cir., 266 F.2d 33; Dyer v. S.E.C., 8 Cir., 251 F.2d 512; State ex rel. Dyer v. Union Electric Co., Mo.App., 309 S.W.2d 649; State ex rel. Dyer v. Union Electric Company, Mo.App., 312 S.W.2d 151; D......
  • Request a trial to view additional results
12 cases
  • Potomac Riv. Ass'n, Inc. v. Lundeberg Md. Sea. Sch., Inc., Civ. No. 73-789-Y.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • April 11, 1975
    ...prevented has been done and cannot be undone by an order of the court binding the parties before it, the case is moot. See Dyer v. S.E.C., 251 F.2d 512, 513 (8th Cir. 1958), vacated, 359 U.S. 499, 79 S.Ct. 1115, 3 L.Ed.2d 976 judgment recalled, 361 U.S. 803, 80 S.Ct. 40, 4 L.Ed.2d 52 (1959)......
  • Gay and Lesbian Students Ass'n v. Gohn, Civ. No. 86-5052.
    • United States
    • United States District Courts. 8th Circuit. Western District of Arkansas
    • March 23, 1987
    ...cases: Carson v. Pierce, 719 F.2d 931 (8th Cir.1983); United Indians of Nebraska v. Donovan, 702 F.2d 673 (8th Cir.1983); Dyer v. SEC, 251 F.2d 512 (8th Cir.1958), vacated, 359 U.S. 499, 79 S.Ct. 1115, 3 L.Ed.2d 976, judgment recalled, 361 U.S. 803, 80 S.Ct. 40, 4 L.Ed.2d 52 (1959). Dyer in......
  • Dyer v. CIR, No. 17892.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • December 1, 1965
    ...and the petitioners' application for a stay of that order. Union intervened. This court denied the relief requested. Dyer v. SEC, 251 F.2d 512 (8 Cir. 1958). Certiorari was granted, however, and the case remanded for further consideration. 359 U.S. 499, 79 S.Ct. 1115, 3 L.Ed.2d 976. Half th......
  • State ex rel. Dyer v. Public Service Commission, No. 48085
    • United States
    • United States State Supreme Court of Missouri
    • December 12, 1960
    ...corporate records, proposed amendments of by-laws, and related matters. See: Dyer v. S.E.C., 8 Cir., 266 F.2d 33; Dyer v. S.E.C., 8 Cir., 251 F.2d 512; State ex rel. Dyer v. Union Electric Co., Mo.App., 309 S.W.2d 649; State ex rel. Dyer v. Union Electric Company, Mo.App., 312 S.W.2d 151; D......
  • Request a trial to view additional results

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