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EISEN v. CARLISLE & JACQUELIN

Nos. 341, 381, Dockets 72-1521, 30934.

479 F.2d 1005 (1973)

Morton EISEN, on Behalf of Himself and All Other Purchasers and Sellers of "Odd-Lots" on the New York Stock Exchange Similarly Situated, Plaintiff-Appellee, v. CARLISLE & JACQUELIN and DeCoppet & Doremus, Each Limited Partnerships under New York Partnership Law, Article 8 and New York Stock Exchange, an Unincorporated Association, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 1, 1973.

Rehearing and Rehearing Denied May 24, 1973.

Attorney(s) appearing for the Case

Aaron M. Fine, Philadelphia, Pa. (Harold E. Kohn and Allen D. Black, Philadelphia, Pa., and Mordecai Rosenfeld, New York City, on the brief), for plaintiff-appellee.

Devereux Milburn, New York City (Louis L. Stanton, Jr., James E. Massey, and Carter, Ledyard & Milburn, New York City, on the brief), for defendant-appellee Carlisle & Jacquelin.

Francis S. Bensel, New York City (Bud G. Holman and Kelley Drye Warren Clark Carr & Ellis, New York City, on the brief), for defendant-appellee DeCoppet & Doremus.

William E. Jackson, New York City (Russell E. Brooks and Milbank, Tweed, Hadley & McCloy, New York City, on the brief), for defendant-appellee New York Stock Exchange, Inc.

Before MEDINA, LUMBARD and HAYS, Circuit Judges.

Rehearing and Rehearing En Banc Denied in No. 72-1521 May 24, 1973.

MEDINA, Circuit Judge:

Sufficient factual background for an understanding of the rulings we are about to make in this extraordinary "class action" is to be found in our first opinion Eisen v. Carlisle & Jacquelin, 2 Cir., 391 F.2d 555 (1968), often referred to as Eisen II. On that appeal we remanded the case to the District Court for reconsideration...

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