District Court, N.D. Ohio December 28, 1936, 5433 (Securities and Exchange Commission v. Otis & Co.)

WEST, District Judge.

The first question for determination is whether on April 1, 1936, when the bill was filed, defendant was about to engage in acts or practices in violation either of section 9(a) (2), Securities Exchange Act of 1934 (15 U.S.C.A. § 78i(a) (2), or of section 17(a) (2), Securities Act of 1933 as amended (15 U.S.C.A. § 77q(a) (2).