J. R. WILLISTON & BEANE, INC. v. HAACK

No. 67 Civ. 4556 (WCC).

387 F.Supp. 173 (1974)

J. R. WILLISTON & BEANE, INC., Plaintiff, v. Robert W. HAACK, as President of the New York Stock Exchange, et al., Defendants.

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

December 23, 1974.


Attorney(s) appearing for the Case

Ronald H. Alenstein, New York City, of counsel, Shea, Gould, Climenko & Kramer, New York City, for plaintiff.

John J. Loflin, New York City, and Deborah G. Steinberg, of counsel, Lord, Day & Lord, New York City, for American Stock Exchange.

Stephen M. Axinn and Michael H. Diamond, New York City, of counsel, Skadden, Arps, Slate, Meagher & Flom, New York City, for OTC Clearing Corp.

Russell E. Brooks and Andrew J. Connick, New York City, of counsel, Milbank, Tweed, Hadley & McCloy, New York City, for New York Stock Exchange.

Lawrence E. Nerheim, Gen. Counsel, David Ferber, Sol., Richard E. Nathan, Asst. Gen. Counsel, David K. Ginn, Atty., SEC, Washington, D. C., amicus curiae.


OPINION AND ORDER

CONNER, District Judge:

J. R. Williston & Beane, Inc. ("W & B") brought this action pursuant to Section 1 of the Sherman Act (15 U.S.C. § 1) to recover the damages allegedly sustained by it when it was temporarily suspended from membership on The New York Stock Exchange ("NYSE") and The American Stock Exchange ("ASE"), and when Stock Clearing Corporation, The American Stock Exchange Clearing Corporation and National OTC Clearing...

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