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EVANS v. KERBS AND CO.

No. 74 Civ. 5621 (JMC).

411 F.Supp. 616 (1976)

Charles F. EVANS, Jr., Plaintiff, v. KERBS AND COMPANY, a partnership, et al., Defendants.

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

March 2, 1976.

Attorney(s) appearing for the Case

Charles F. Evans, Jr., pro se.

Willkie, Farr & Gallagher, New York City (Louis A. Craco, Richard L. Feller and Michael B. Targoff, New York City of counsel), for defendant Hardy & Co.

Rosner, Rosner & McEvoy, New York City (Andrew T. McEvoy, Jr., New York City, of counsel), for defendants Kerbs and Company, Edward Kerbs and John Kerbs.

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

OPINION

CANNELLA, District Judge:

Plaintiff Charles F. Evans, Jr. (Evans) brings this action against Hardy & Co. (Hardy), Kerbs and Company (Kerbs), Edward Kerbs, John Kerbs and the New York Stock Exchange, Inc. (NYSE or the Exchange) for claims arising from their alleged violation of the margin and anti-fraud provisions of the federal securities laws.1 Plaintiff seeks rescission of certain

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