United States DC Circuit

Petition for review of a decision by the Securities and Exchange Commission not to modify certain conditions involving the governance practices for mutual funds is granted where the Commission failed to comply with the Administrative Procedure Act by relying on materials not in the rulemaking record without affording an opportunity for public comment, to the prejudice of petitioner.

Appellate Information

• Argued 01/06/2006
• Decided 04/07/2006
• Published 04/07/2006

Judges

• Before:  HENDERSON, ROGERS and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Eugene Scalia argued the cause for petitioner.   With him on the briefs were John F. Olson, Douglas R. Cox, Cory J. Skolnick, Stephen A. Bokat, Robin S. Conrad, and Amar D. Sarwal.


• For Appellees:
  
• Giovanni P. Prezioso, General Counsel, Securities & Exchange Commission, argued the cause for respondent.   With him on the brief were Jacob H. Stillman, Solicitor, John W. Avery, Special Counsel, and Michael L. Post, Senior Counsel., Mercer Bullard was on the brief for amici curiae Fund Democracy, Inc. and Consumer Federal of America in support of respondent.