Blatchley v. Securities & Exchange Commission

First Circuit

Blatchley v. Securities & Exchange Commission

157 F.2d 901, 5 SEC Jud. Dec. 21, 1946 U.S. App. LEXIS 3790, 1946 WL 62878

CourtCourt of Appeals for the First Circuit

DecidedOctober 29, 1946

DocketNo. 4202

StatusPublished

Cited by2 cases

This text of 157 F.2d 901 (Blatchley v. Securities & Exchange Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blatchley v. Securities & Exchange Commission, 157 F.2d 901, 5 SEC Jud. Dec. 21, 1946 U.S. App. LEXIS 3790, 1946 WL 62878 (1st Cir. 1946).

Pincite

Opinion

PER CURIAM.

Harry C. Blatchley here appeals from an order of the United' States District Court [902]*902for the District of Maine, made orally on July 10, 1946, denying a motion to remit a petition in the nature of a bill of review, theretofore filed in the said court by Blatchley, to the Securities and Exchange Commission for hearing thereon. The bill of review sought to reopen a proceeding before the court instituted by the Commission under § 11(e)' of the Public Utility Holding Company Act of 1935, 49 Stat. 803, 15 U.S.C.A. § 79k(e), for the enforcement of a certain plan of reorganization of New England Public Service Company. For the background, see our opinion in Harry C. Blatchley, Petitioner, 157 F.2d 894. Appellee New England Public Service Company moves to docket and dismiss the appeal. The motion must be granted for the reason that the order appealed from is interlocutory in character, and does not fall within any of the categories of interlocutory orders made appealable by 28 U.S.C.A. § 227.

The appeal is dismissed for lack of jurisdiction.

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PER CURIAM.

Harry C. Blatchley here appeals from an order of the United' States District Court [902]*902for the District of Maine, made orally on July 10, 1946, denying a motion to remit a petition in the nature of a bill of review, theretofore filed in the said court by Blatchley, to the Securities and Exchange Commission for hearing thereon. The bill of review sought to reopen a proceeding before the court instituted by the Commission under § 11(e)' of the Public Utility Holding Company Act of 1935, 49 Stat. 803, 15 U.S.C.A. § 79k(e), for the enforcement of a certain plan of reorganization of New England Public Service Company. For the background, see our opinion in Harry C. Blatchley, Petitioner, 157 F.2d 894. Appellee New England Public Service Company moves to docket and dismiss the appeal. The motion must be granted for the reason that the order appealed from is interlocutory in character, and does not fall within any of the categories of interlocutory orders made appealable by 28 U.S.C.A. § 227.

The appeal is dismissed for lack of jurisdiction.

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Bluebook (online)

157 F.2d 901, 5 SEC Jud. Dec. 21, 1946 U.S. App. LEXIS 3790, 1946 WL 62878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blatchley-v-securities-exchange-commission-ca1-1946.

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