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THILL SECURITIES CORP. v. NEW YORK STOCK EXCHANGE

No. 18036.

433 F.2d 264 (1970)

THILL SECURITIES CORPORATION, etc., Plaintiff-Appellant, v. The NEW YORK STOCK EXCHANGE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied November 18, 1970.

Attorney(s) appearing for the Case

E. Campion Kersten, Arlo McKinnon, Milwaukee, Wis., for appellant; Lewis D. Thill, Elm Grove, Wis., Kersten & McKinnon, Milwaukee, Wis., of counsel.

Isaac Shapiro, William E. Jackson, New York City, Robert V. Abendroth, Milwaukee, Wis., Samuel L. Rosenberry, New York City, for appellee; Whyte, Hirschboeck, Minahan, Harding & Harland, S.C., Milwaukee, Wis., Milbank, Tweed, Hadley & McCloy, New York City, of counsel.

Before SWYGERT, Chief Circuit Judge, PELL, Circuit Judge and CAMPBELL, Senior District Judge.

CAMPBELL, District Judge.

The basic question presented here is whether stock-brokers who are members of the New York Stock Exchange should continue to enjoy their self-acquired freedom from competition by stockbrokers who are not members. Using the vehicle of Stock Exchange rules, members seem effectively to have negated the congressionally mandated principle of competition as it would otherwise apply to them.

The New York Stock Exchange ("Exchange") is the...

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