Schwebel v. Orrick, 14103.

Decision Date30 January 1958
Docket NumberNo. 14103.,14103.
Citation251 F.2d 919
PartiesMorris Mac SCHWEBEL, Appellant, v. Andrew D. ORRICK, Harold C. Patterson, Earl F. Hastings, James C. Sargent, Appellees
CourtU.S. Court of Appeals — District of Columbia Circuit

Mr. Chester T. Lane, New York City, for appellant. Mr. Alexander B. Hawes, Washington, D. C., also entered an appearance for appellant.

Mr. David Ferber, Asst. Gen. Counsel, Securities and Exchange Commission, with whom Mr. Thomas G. Meeker, Gen. Counsel, Securities and Exchange Commission, was on the brief, for appellees.

Before EDGERTON, Chief Judge, and DANAHER and BURGER, Circuit Judges.

Writ of Certiorari Denied April 7, 1958. See 78 S.Ct. 716.

PER CURIAM.

Appellant asked the District Court to enjoin the Securities and Exchange Commission from conducting a hearing to determine whether appellant should be prevented from continuing to practice before the Commission. Though we think the District Court was right in dismissing the complaint, we think the plaintiff failed to exhaust his administrative remedy and the court therefore erred in ruling on the Commission's authority to disbar attorneys. Camp v. Herzog, 88 U.S.App.D.C. 373, 190 F.2d 605.

Affirmed.

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11 cases
  • Matter of Koden
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • 16 August 1976
    ...supra; Herman v. Dulles, 205 F.2d 715 (D.C.Cir.1953); Schwebel v. Orrick, 153 F.Supp. 701 (D.D.C.1957), affirmed on other grounds, 251 F.2d 919 (D.C.Cir.1958), cert. denied, 356 U.S. 927 (1958). Consequently, the General's power under section 103(a) of the Immigration and Nationality Act to......
  • Colley v. James
    • United States
    • U.S. District Court — District of Columbia
    • 15 May 2017
    ...the act charged.") (citing Air Transport Assocs. v. Civil Aeronautics Bd. , 199 F.2d 181, 186 (1953) ), aff'd on other grounds , 251 F.2d 919 (D.C. Cir. 1958). Because a willfulness finding does not require evidence of ill intent, under the facts presented here it is irrelevant that Plainti......
  • Fontaine v. Securities and Exchange Commission
    • United States
    • U.S. District Court — District of Puerto Rico
    • 3 October 1966
    ...U.S.App.D.C. 75, 317 F.2d 139, 142-143; Peoples Securities Co. v. Gadsby (C.A.D.C. No. 14,381, March 25, 1958); Schwebel v. Orrick, (1958) 102 U.S.App.D.C. 210, 251 F.2d 919. It has been repeatedly held that the federal securities laws should be interpreted to effectuate the Congressional p......
  • Koden v. U.S. Dept. of Justice
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 27 October 1977
    ...who failed to conform to such standards. In Schwebel v. Orrick, 153 F.Supp. 701, 704 (D.D.C.1957), aff'd on other grounds, 102 U.S.App.D.C. 210, 251 F.2d 919, cert. denied, 356 U.S. 927, 78 S.Ct. 716, 2 L.Ed.2d 759 (1958) (footnotes omitted), the court In the exercise of its jurisdiction to......
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