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IN RE IRA HAUPT & CO.

No. 480, Docket 31924.

398 F.2d 607 (1968)

In the Matter of IRA HAUPT & CO., a Limited Partnership, Bankrupt. Gladys KNAPP, Bernard Klebanow, George Lewis, Michael Sloan, Lazarus S. Heyman, Egon H. Ottinger, Henry Schlenger and Harold L. Marantz, Kenneth Alan Marantz and Edith Lee Marantz, as Executors of the Estate of Charles Marantz, Appellants, v. Charles SELIGSON, as Trustee in Bankruptcy of Ira Haupt & Co.; the New York Stock Exchange, the Chase Manhattan Bank, First National City Bank, Morgan Guaranty Trust Co. of New York, Manufacturers Hanover Trust Company, William Brandt's Sons & Co., Ltd., Charterhouse Japhet & Thomasson Limited, and Kleinwort, Benson Limited, Appellees.

United States Court of Appeals Second Circuit.

Decided June 25, 1968.

Attorney(s) appearing for the Case

Max Freund, New York City, (Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City, Jerome E. Sharfman, New York City, of counsel), for appellants.

Herbert M. Wachtell, New York City (Wachtell, Lipton, Rosen, Katz & Kern, New York City, Theodore Gewertz, New York City, of counsel), for appellees Wm. Brandt's Sons & Co., Ltd., Charterhouse Japhet & Thomasson Limited and Kleinwort, Benson Limited.

Leonard Zalkin, New York City (Zalkin & Cohen, New York City), for appellees First National City Bank and Morgan Guaranty Trust Company of New York.

Henry Landau, New York City (Simpson, Thacher & Bartlett, New York City), for appellee Manufacturers Hanover Trust Company.

A. Sidney Holderness, Jr., New York City (Milbank, Tweed, Hadley & McCloy, New York City), for appellees The Chase Manhattan Bank (National Association) and New York Stock Exchange.

Harvey R. Miller, New York City (Seligson & Morris, New York City, Robert Popper, New York City, of counsel), for trustee-appellee.

Before FRIENDLY, J. JOSEPH SMITH and KAUFMAN, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal by eight of the fourteen limited partners of Ira Haupt & Co., a brokerage firm in bankruptcy in the District Court for the Southern District of New York, is the latest of many controversies as to alleged causes of action on the part of the bankrupt against exchanges, banks and others under federal antitrust and securities laws and New York common law.

During the interval between the suspension of Haupt by the New York...

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