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BRUNS, NORDEMAN & CO. v. AMERICAN NATIONAL BANK & TRUST CO.

No. 344, Docket 31987.

394 F.2d 300 (1968)

BRUNS, NORDEMAN & CO., a Limited Partnership, Plaintiff-Appellant, v. AMERICAN NATIONAL BANK AND TRUST COMPANY, Defendant-Appellee, and The Exchange Corp., Maurice Benjamin and Edward H. Levitt, Defendants.

United States Court of Appeals Second Circuit.

Decided April 19, 1968.

Attorney(s) appearing for the Case

Spencer Pinkham, New York City (Colton & Pinkham and David J. Colton, New York City, of counsel), for plaintiff-appellant.

John R. Hupper, New York City (Cravath, Swaine & Moore and Edwin A. Kilburn, New York City, of counsel), for defendant-appellee.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and BLUMENFELD, District Judge.

FRIENDLY, Circuit Judge:

A federal court of appeals is here confronted for the first time with an issue that has provoked a difference of opinion among district courts: Do the special and properly wide venue provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 overcome the special and exceedingly narrow venue provisions1 of the National Bank Act of 1864? Judge Ryan, in the District Court for the Southern District...

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