Richard A. GORDON, Individually and as President of Independent Investors Protective League, an unincorporated association, and in behalf of the membership thereof and in behalf of all persons similarly circumstanced, Plaintiff-Appellant,
v.
NEW YORK STOCK EXCHANGE, INC., et al., Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 5, 1974.
Decided June 28, 1974.
Attorney(s) appearing for the Case
I. Walton Bader, New York City (Bader & Bader, New York City, on the brief), for plaintiff-appellant.
William E. Jackson, New York City (Milbank, Tweed, Hadley & McCloy, Lord, Day & Lord, Brown, Wood, Fuller, Caldwell & Ivey, New York City, on the brief, Isaac Shapiro, Mark L. Davidson, John J. Loflin, James B. May, New York City, of counsel), for defendants-appellees.
Seymour H. Dussman, Atty., Dept. of Justice, Washington, D. C. (Thomas E. Kauper, Asst. Atty. Gen., on the brief), as amicus curiae urging reversal.
Lawrence E. Nerheim, Gen. Counsel, Securities Exchange Commission, Washington, D. C. (Walter P. North, Associate Gen. Counsel, Frederic T. Spindel, Sp. Counsel, Theodore L. Freedman, Washington, D. C., Atty., on the brief), as amicus curiae urging affirmance.
Before KAUFMAN, Chief Judge, and MANSFIELD and MULLIGAN, Circuit Judges.
United States Court of Appeals, Second Circuit.
IRVING R. KAUFMAN, Chief Judge:
Whether the minimum rate structure presently employed by the nation's stock exchanges enjoys immunity from attack under the antitrust laws is a question of such importance that we need not belabor its significance. The Supreme Court in Silver v. New York Stock Exchange, 373 U.S. 341, 83 S.Ct. 1246, 10 L.Ed.2d 389 (1963), although subjecting the application of an exchange rule to antitrust scrutiny, acknowledged...
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