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LEGATE v. MALONEY

No. 6287.

348 F.2d 164 (1965)

William H. LEGATE, Claimant, Appellant, v. J. Joseph MALONEY, Jr., Receiver, et al., Appellees.

United States Court of Appeals First Circuit.

July 2, 1965.

Attorney(s) appearing for the Case

Marcien Jenckes and Choate, Hall & Stewart, Boston, Mass., for New York Stock Exchange, appellee, on motion.

Mark M. Horblit and Samuel H. Kalish, Boston, Mass., for William H. Legate, appellant, on memorandum in opposition to motion.

Before ALDRICH, Chief Judge, and WOODBURY, Senior Circuit Judge.

ALDRICH, Chief Judge.

This case began as a somewhat unusual one, and we have now an even more unusual matter before us, a motion to recall mandate on the ground of error in our opinion, reported 334 F.2d 704. Movant is New York Stock Exchange, hereinafter the Exchange. Review was previously sought, unsuccessfully, by petition for rehearing, and by petition for certiorari, 379 U.S. 973, 85 S.Ct. 664, 13 L.Ed.2d 564. Some months after...

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