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NEW YORK STOCK EXCHANGE v. PICKARD & COMPANY

274 A.2d 148 (1971)

NEW YORK STOCK EXCHANGE, an unincorporated association under the laws of the State of New York, Plaintiff, v. PICKARD & COMPANY, Incorporated, a corporation of the State of Delaware, Defendant.

Court of Chancery of Delaware, New Castle.

January 27, 1971.

Attorney(s) appearing for the Case

David Roeberg, of Sullivan, Potter & Roeberg, Wilmington, for petitioner, Peter C. Buswell.

William H. Uffelman, Jr., Wilmington, for Aubrey B. Lank, Receiver of Pickard & Co., Inc.

DUFFY, Chancellor:

In this proceeding Peter C. Buswell (petitioner) seeks an order upon Aubrey B. Lank, the Receiver of Pickard & Company, Incorporated (Pickard) directing delivery to him of certain stock certificates and cash dividends paid on them. Pickard was a stockbroker member of the New York Stock Exchange for which this Court appointed a Receiver on April 22, 1969 on the grounds of insolvency. 8 Del.C. § 291.

A.

In 1965 Buswell became...

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