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MARBURY MANAGE., INC. v. ALFRED KOHN, WOOD, WALKER & CO.

No. 72 Civ. 5121.

373 F.Supp. 140 (1974)

MARBURY MANAGEMENT, INC., et al., Plaintiffs, v. ALFRED KOHN, WOOD, WALKER & CO., and the New York Stock Exchange, Defendants.

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

January 24, 1974.

Attorney(s) appearing for the Case

George Berkowitz, P. C., Leonard M. Simon, New York City, for plaintiffs.

Jay D. Fischer, New York City, for defendant Kohn.

Lunney, Downey & Crocco, New York City, for Wood, Walker & Co.

Milbank, Tweed, Hadley & McCloy, New York City, for defendant New York Stock Exchange, Russell E. Brooks, New York City, of counsel.

MEMORANDUM DECISION

GAGLIARDI, District Judge.

This is a motion to dismiss the complaint on the ground that it fails to state a claim against defendant New York Stock Exchange, Inc. (hereinafter "Exchange") upon which relief can be granted or, in the alternative, to grant summary judgment on the ground that there is no genuine dispute as to any material fact and the Exchange is entitled to judgment as a matter of law.

Plaintiffs bring this action...

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