For Your Data Second V. Chenery Corp Example Brief
October 06, 2016
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SEC v. Chenery Corp example brief
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332 U.S. 194, 67 S. Ct. 1575, 91 L. Ed. 1995 (1947)
CASE SYNOPSIS: Petitioner Securities in addition to Exchange Commission appealed a determination of the the States Court of Appeals for the District of Columbia that reversed petitioner's determination that a proposed transaction yesteryear respondents, to convert preferred stock into mutual stock of a novel corporation, was inconsistent amongst the standards of §§ seven in addition to eleven of the Public Utility Holding Company Act of 1935, 49 Stat. 803.
FACTS: Respondent sought approving of an amendment to a reorganization innovation to render for issuance of novel mutual stock of the reorganized fellowship to live on distributed to members of its administration on the terra firma of the shares of the former preferred stock which they had acquired during the stream of reorganization. Reviewing the transaction nether the Public Utility Holding Company Act of 1935, 49 Stat. 803, petitioner Securities in addition to Exchange Commission denied the application, finding that the proposed transaction was inconsistent amongst the standards of §§ seven in addition to eleven of the Act. The appellate courtroom reversed petitioner's determination. The courtroom reversed because petitioner's judgment was the type of judgment which it was best equipped to brand in addition to which justified the purpose of the administrative process. The courtroom constitute that its ambit of review of an administrative guild wherein a novel regulation was announced in addition to applied was no dissimilar from that which pertained to ordinary administrative action. The courtroom constitute that its duty was at an goal when it became evident that the agency's activity was based upon substantial prove in addition to was consistent amongst the say-so granted yesteryear Congress.
CONCLUSION: The judgment of the lower courtroom was reversed because petitioner's determination was the type of judgment which petitioner was best equipped to brand in addition to which justified the purpose of the administrative process. Whether the courtroom agreed or disagreed amongst the number reached, it was an allowable judgment, which the courtroom could non disturb.
FACTS: Respondent sought approving of an amendment to a reorganization innovation to render for issuance of novel mutual stock of the reorganized fellowship to live on distributed to members of its administration on the terra firma of the shares of the former preferred stock which they had acquired during the stream of reorganization. Reviewing the transaction nether the Public Utility Holding Company Act of 1935, 49 Stat. 803, petitioner Securities in addition to Exchange Commission denied the application, finding that the proposed transaction was inconsistent amongst the standards of §§ seven in addition to eleven of the Act. The appellate courtroom reversed petitioner's determination. The courtroom reversed because petitioner's judgment was the type of judgment which it was best equipped to brand in addition to which justified the purpose of the administrative process. The courtroom constitute that its ambit of review of an administrative guild wherein a novel regulation was announced in addition to applied was no dissimilar from that which pertained to ordinary administrative action. The courtroom constitute that its duty was at an goal when it became evident that the agency's activity was based upon substantial prove in addition to was consistent amongst the say-so granted yesteryear Congress.
CONCLUSION: The judgment of the lower courtroom was reversed because petitioner's determination was the type of judgment which petitioner was best equipped to brand in addition to which justified the purpose of the administrative process. Whether the courtroom agreed or disagreed amongst the number reached, it was an allowable judgment, which the courtroom could non disturb.
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