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EXCHANGE BUFFET CORP. v. NEW YORK STOCK EXCHANGE

No. 380, Docket 24374.

244 F.2d 507 (1957)

EXCHANGE BUFFET CORPORATION, Petitioner, v. NEW YORK STOCK EXCHANGE and Securities and Exchange Commission, Respondents.

United States Court of Appeals Second Circuit.

Decided May 15, 1957.

Attorney(s) appearing for the Case

Milton S. Harrison, New York City, for petitioner.

Milbank, Tweed, Hope & Hadley, New York City (A. Donald MacKinnon and Edward J. Reilly, Jr., New York City, of counsel), for respondent New York Stock Exchange.

Thomas G. Meeker, Gen. Counsel, David Ferber, Asst. Gen. Counsel, and Joseph B. Gildenhorn, Atty., Securities and Exchange Commission, Washington, D. C., for respondent Securities and Exchange Commission.

Before MEDINA and WATERMAN, Circuit Judges, and LEIBELL, District Judge.

MEDINA, Circuit Judge.

Petitioner, the Exchange Buffet Corporation, seeks to have us set aside an order of the SEC, granting an application by the New York Stock Exchange, pursuant to the provisions of Section 12 (d) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78l(d), and Rule X-12D2-1 (17 C.F.R. 240, 12d2-1), to strike petitioner's capital stock from listing and registration on the New York Stock Exchange. The SEC found that the rules of the...

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