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A. T. BROD & CO. v. PERLOW

No. 373, Docket 31028.

375 F.2d 393 (1967)

A. T. BROD & CO., Appellant, v. Jack PERLOW and Adele Perlow, also known as Adele Wagner, Appellees.

United States Court of Appeals Second Circuit.

Decided March 27, 1967.

Attorney(s) appearing for the Case

Stanley Kligfeld, New York City, for appellant.

Charles P. Axelrod, New York City (Heller & Pierce, Philip Pierce, Robert M. Heller, New York City, on the brief), for appellees.

Philip A. Loomis, Jr., Gen. Counsel, David Ferber, Solicitor, Richard M. Phillips, Asst. Gen. Counsel, Roy Nerenberg, Atty., S.E.C., Washington, D.C., as amicus curiae.

Before KAUFMAN, ANDERSON and FEINBERG, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The sole issue presented for our disposition is whether Judge Bonsal properly concluded that the District Court lacked subject matter jurisdiction to entertain the complaint brought by A. T. Brod & Co. (Brod) against Jack and Adele Perlow (Perlows), the appellees. Brod, a member of the New York Stock Exchange brought its complaint under § 10 (b) of the Securities Exchange Act of 1934 (Act), 15 U.S.C. § 78j(b), and Rule...

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