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THILL SECURITIES CORP. v. NEW YORK STOCK EXCHANGE

No. 72-1260.

469 F.2d 14 (1972)

THILL SECURITIES CORPORATION, etc., Plaintiff-Appellee, v. The NEW YORK STOCK EXCHANGE, Defendant-Appellant, Securities and Exchange Commission and United States of America, Intervenors-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 31, 1972.

Attorney(s) appearing for the Case

William E. Jackson, Isaac Shapiro, New York City, Robert V. Abendroth, Milwaukee, Wis., for defendant-appellant.

Thomas E. Kauper, Carl D. Lawson, Donald Baker, Seymour H. Dussman, Attys., Dept. of Justice, Washington, D. C., Arlo McKinnon, E. Campion Kersten, Milwaukee, Wis., G. Bradford Cook, Walter P. North, Alan Blank, Attys., S.E.C., Washington, D. C., for appellees.

Before SWYGERT, Chief Judge, and PELL and STEVENS, Circuit Judges.

SWYGERT, Chief Judge.

The New York Stock Exchange appeals from the order of the district court on March 13, 1972 denying the Exchange's motions for (1) an order referring for determination to the Securities and Exchange Commission (SEC) the issue, whether the Exchange's antirebate rule is proper or necessary under the Securities Exchange Act of 1934, and (2) an order striking the class action allegations of the complaint and holding that the suit may not be maintained...

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