LAPIDUS v. JESUP & LAMONT

No. 62 Civ. 2951.

276 F.Supp. 762 (1967)

Joseph LAPIDUS et al., Plaintiffs, v. JESUP & LAMONT et al., Defendants.

United States District Court S. D. New York.

December 19, 1967.


Attorney(s) appearing for the Case

Raphael, Searles & Vischi, New York City, for plaintiffs, Sidney O. Raphael, Robert E. Scher, New York City, of counsel.

Webster, Sheffield, Fleischmann, Hitchcock & Brookfield, New York City, for defendants, Thomas Field, Peter S. Heller, Rosemary C. Masters, New York City, of counsel.


OPINION

HERLANDS, District Judge:

Defendants have moved for (1) partial summary judgment as to paragraphs "1" and "5" to "8" of the complaint and (2) dismissal of the remaining claims for lack of subject matter jurisdiction.

Defendants are stockbrokers and a member firm of the New York Stock Exchange. In 1962, plaintiff was a customer of the firm of Jesup & Lamont. Both parties are residents of New York. Jurisdiction is predicated on the existence...

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