THOM v. NEW YORK STOCK EXCHANGE

Nos. 69 Civ. 4092, 4205.

306 F.Supp. 1002 (1969)

John THOM and R. J. Flynn, Plaintiffs, v. NEW YORK STOCK EXCHANGE, American Stock Exchange, Goldman, Sachs and Company, Shields and Company, and Louis Lefkowitz, individually and as Attorney General of the State of New York, Defendants. Donald J. MILLER, Plaintiff, v. NEW YORK STOCK EXCHANGE, American Stock Exchange, Paine, Webber, Jackson and Curtis, and Louis Lefkowitz, individually and as Attorney General of the State of New York, Defendants.

United States District Court S. D. New York.

November 18, 1969.


Attorney(s) appearing for the Case

Paul G. Chevigny, New York City, for plaintiffs.

Milbank, Tweed, Hadley & McCloy, New York City, for defendant New York Stock Exchange; Andrew J. Connick, Adlai S. Hardin, Jr., Edward J. Hardin, New York City, of counsel.

Forsythe, McGovern, Pearson & Nash, New York City, for defendant American Stock Exchange; Gordon L. Nash, New York City, of counsel.

Sullivan & Cromwell, New York City, for defendant Goldman, Sachs and Co., David S. Henkel, New York City, of counsel.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendant Shields and Co.; Leonard Joseph, New York City, of counsel.

Beekman & Bogue, New York City, for defendant Paine, Webber, Jackson & Curtis; Milton Weiss, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, pro se; Samuel A. Hirshowitz, First Asst. Atty. Gen., Brenda Soloff, Asst. Atty. Gen., of counsel.


EDWARD WEINFELD, District Judge.

These are two actions wherein three plaintiffs challenge the constitutionality of New York State's recently enacted law, Chapter 1071, [1969] Laws of New York,1 which requires all employees of member firms of national security exchanges registered with the Securities and Exchange Commission and employees of affiliated clearing corporations to be fingerprinted as a condition of employment. The plaintiffs...

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