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EISEN v. CARLISLE & JACQUELIN

Docket 30934.

370 F.2d 119 (1966)

Morton EISEN, on Behalf of himself and all other purchasers and sellers of "oddlots" on the New York Stock Exchange similarly situated, Appellant, v. CARLISLE & JACQUELIN and DeCoppet & Doremus, each limited partnerships under New York Partnership Law, Article 8, and New York Stock Exchange, an unincorporated association, Appellees.

United States Court of Appeals Second Circuit.

Decided December 19, 1966.

Attorney(s) appearing for the Case

Laventhall & Zicklin, New York City (Pomerantz, Levy, Haudek & Block, New York City, of counsel), for appellant.

Carter, Ledyard & Milburn, New York City, for appellee Carlisle & Jacquelin.

Kelley, Drye, Newhall, Maginnes & Warren, New York City, for appellee DeCoppet & Doremus.

Milbank, Tweed, Hadley & McCloy, New York City, for appellee New York Stock Exchange.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge:

The sole question presented by this motion is whether appellant may take an appeal from an order of the district court dismissing his class action, but permitting him to litigate his individual claims.

Morton Eisen brought an action in the district court alleging that two major "odd-lot" dealers on the New York Stock Exchange — Carlisle & Jacquelin and DeCoppet & Doremus — had conspired and combined to monopolize...

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