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BROWN v. GILLIGAN, WILL & CO.

No. 67 Civ. 3201.

287 F.Supp. 766 (1968)

Barbara BROWN, Plaintiff, v. GILLIGAN, WILL & CO., and the seller of 100 shares of Common Stock of Westec Corporation through Gilligan, Will & Co. as broker for such seller to Barbara Brown through Burnham and Co., as broker on August 24, 1966 at a price of $48 5/8 per share, the name of such seller being unknown, Defendants. GILLIGAN, WILL & CO., Defendant and Third-Party Plaintiff, v. COHN, DELAIRE & KAUFMAN, Third-Party Defendant and Fourth-Party Plaintiff, v. EASTMAN DILLON, UNION SECURITIES & CO. and Delafield and Delafield, Fourth-Party Defendants.

United States District Court S. D. New York.

May 28, 1968.

Attorney(s) appearing for the Case

Hays, Algase, Feuer, Porter & Spanier, New York City, for fourth-party plaintiff Cohn, Delaire & Kaufman; Zevie B. Schizer, New York City, of counsel.

Breed, Abbott & Morgan, New York City, for fourth-party defendant Eastman Dillon, Union Securities & Co.; Thomas W. Kelly, James Pollock, New York City, of counsel.

OPINION

COOPER, District Judge.

Fourth-party defendant, Eastman Dillon, Union Securities & Co. (hereinafter Eastman), moves, pursuant to § 3 of the United States Arbitration Act, 9 U.S.C., for an order staying the action brought by the fourth-party complainant, Cohn, Delaire & Kaufman (hereinafter Cohn), until arbitration has been had between them, in accordance with the constitution and rules of the American Stock Exchange (AMEX).

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