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SELIGSON v. NEW YORK PRODUCE EXCHANGE

No. 66 Civ. 1016.

363 F.Supp. 338 (1973)

Charles SELIGSON, as Trustee in Bankruptcy of IRA Haupt & Co., a Limited Partnership, Bankrupt, Plaintiff, v. NEW YORK PRODUCE EXCHANGE et al., Defendants.

United States District Court, S. D. New York.

July 19, 1973.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, for plaintiff.

Holtzman, Wise & Shepard, New York City, for D. V. MacDonald.

Baer, Marks, Friedman & Berliner, New York City, for NY Produce.

Brown, Wood, Fuller, Caldwell & Ivey, New York City, for Merrill Lynch, Pierce, Fenner & Smith.

Emmet, Marvin & Martin, New York City, for Fahnestock & Co.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for Bunge Corp.

Schwarzberg & Kittrell, New York City, for H. B. Anderson.

OPINION

ROBERT L. CARTER, District Judge.

Defendants have moved to stay this action pending referral to the Commodity Exchange Commission. The case is one of the oldest pending before me, and counsel for plaintiff have estimated that it will be ready for trial on October 1 of this year (letter of Harold Klapper, dated March 16, 1973). In response to an identical motion filed in 1971, Judge Palmieri noted that:

"This action was initiated on April...

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