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COWEN v. NEW YORK STOCK EXCHANGE

Civ. No. 10350.

256 F.Supp. 462 (1966)

Max L. COWEN, Plaintiff, v. NEW YORK STOCK EXCHANGE and Mohawk Valley Investing Company, Defendants.

United States District Court N. D. New York.

Submitted May 2, 1966.

Decided July 12, 1966.

Attorney(s) appearing for the Case

Ribyat & Cohen, Utica, N. Y., for plaintiff, Daniel S. Cohen, Utica, N. Y., of counsel.

Evans, Pirnie & Burdick, Hugh R. Jones, Utica, N. Y., and Milbank, Tweed, Hadley & McCloy, New York City, for defendant New York Stock Exchange, C. Richard Stafford, New York City, of counsel.

Ferris, Hughes, Dorrance & Groben, Utica, N. Y., for defendant Mohawk Valley Investing Co., John M. Liddy, Utica, N. Y., of counsel.

MEMORANDUM DECISION AND ORDER

BRENNAN, District Judge.

Since matters outside of the pleadings are presented and not excluded by the court, for all practical purposes the motions here are considered as requesting a summary judgment dismissing the complaint in accordance with the provisions of F.R.Civ.P. 12 and 56. In effect, the motions challenge the sufficiency of the factual background and the applicability of legal principles thereto, which must be shown...

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