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SILVER v. NEW YORK STOCK EXCHANGE

No. 208, Docket 27211.

302 F.2d 714 (1962)

Harold J. SILVER, doing business as Municipal Securities Company, and Municipal Securities Company, Inc., Plaintiffs-Appellees, v. NEW YORK STOCK EXCHANGE, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 6, 1962.

Attorney(s) appearing for the Case

A. Donald MacKinnon, of Milbank, Tweed, Hope & Hadley, New York City (Edward J. Reilly, Jr., Squire N. Bozorth, New York City, on the brief), for defendant-appellant.

David I. Shapiro, of Dickstein, Shapiro & Galligan, New York City (Goldberg, Fonville, Gump & Strauss, Dallas, Tex., on the brief), for plaintiffs-appellees.

Peter A. Dammann, Gen. Counsel, S. E. C., Washington, D. C. (David Ferber, Associate Gen. Counsel, Walter P. North, Asst. Gen. Counsel, Faith Colish, Washington, D. C., Atty., S. E. C., on the brief), for Securities and Exchange Commission, amicus curiae.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges

HAYS, Circuit Judge.

This is an action for damages and injunctive relief brought under Sections 4 and 16 of the Clayton Act, 15 U.S.C.A. §§ 15, 26. The principal issue is whether defendant by instructing its members to deny private wire service to the plaintiffs engaged in an activity prohibited by Section 1 of the Sherman Act, 15 U.S.C.A. § 1. The lower court, granting plaintiff's motion for summary judgment, held that defendant's action constituted...

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