PETTIT v. AMERICAN STOCK EXCHANGE


217 F.Supp. 21 (1963)

William D. PETTIT, Thomas J. Crawford and Harry Berger, as Trustees in Reorganization of the Estates of Swan-Finch Oil Corporation, Keta Gas and Oil Company and Swan-Finch Petro Chemical Corporation, Plaintiffs, v. AMERICAN STOCK EXCHANGE et al., Defendants.

United States District Court S. D. New York.

On Request for Certification April 15, 1963.


Attorney(s) appearing for the Case

George C. Levin, James V. Hallisey, New York City, for trustees.

Forsythe, McGovern & Fetzer, New York City, for defendants American Stock Exchange, Joseph F. Reilly, James R. Dyer, Charles T. Bocklet and John J. Mann; Thomas A. McGovern and Burton L. Knapp, New York City, of counsel.

Milbank, Tweed, Hope & Hadley, New York City, for defendants Swiss Credit Bank, Zurich, Swiss Credit Bank, New York Agency and Swiss American Corp.; William Eldred Jackson and Rebecca M. Cutler, New York City, of counsel.

Fulton, Walter & Duncombe, New York City, for defendants Edward T. McCormick and Michael E. Mooney; Hugh Fulton, George Rowe, Jr., and Lawrence W. Schilling, New York City, of counsel.

Delson & Gordon, New York City, for defendant Ira Haupt & Co.; Norman Moloshok, New York City, of counsel.


PALMIERI, District Judge.

This is a suit by trustees appointed pursuant to Chapter X of the Bankruptcy Act1 against the American Stock Exchange (Exchange) and others for alleged complicity in larcenous acts perpetrated by Lowell Birrell with respect to the fraudulent issuance of Swan-Finch stock and its subsequent sale to the public. This suit follows a series of public revelations that were both startling in nature and widespread in effect...

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