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GUMER v. SHEARSON, HAMMILL & CO., INC.

Nos. 172, 618, Dockets 74-1643, 74-2193.

516 F.2d 283 (1974)

Max S. GUMER, Plaintiff-Appellant-Appellee, v. SHEARSON, HAMMILL & CO., INC., Defendant-Appellee-Appellant, Winslow, Cohu & Stetson, Inc., Frederick S. Nusbaum, and The New York Stock Exchange, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 16, 1974.

Attorney(s) appearing for the Case

John F. Mahon, Rochester, N.Y. (Stuart B. Meisenzahl and Wiser, Shaw, Freeman, Van Graafeiland, Harter & Secrest, Rochester, N.Y., on the brief), for plaintiff-appellant-appellee Gumer.

Harry P. Trueheart, III, Rochester, N.Y. (Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., on the brief), for defendant-appellee-appellant Shearson.

Before FRIENDLY, FEINBERG and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

Max S. Gumer appeals from a judgment entered August 1, 1974 in the Western District of New York, Harold P. Burke, District Judge, dismissing his complaint as against defendant Shearson, Hammill & Co., Inc. (Shearson), nunc pro tunc as of April 1, 1974. Judge Burke's decision and order of April 1 had dismissed the complaint as against Shearson, one of four defendants, and had denied plaintiff leave to amend his complaint; but the April 1...

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