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FISCHER v. NEW YORK STOCK EXCHANGE

No. 75 Civ. 1638.

408 F.Supp. 745 (1976)

C. Fink FISCHER et al., Plaintiffs, v. NEW YORK STOCK EXCHANGE and Aubrey B. Lank, as the Receiver for Pickard & Company, Incorporated, Defendants.

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

January 15, 1976.

Attorney(s) appearing for the Case

John M. Burns, III, New York City, for plaintiffs.

Milbank, Tweed, Hadley & McCloy, New York City, for defendant New York Stock Exchange, Inc.; Russell E. Brooks, Martha G. Bannerman, New York City, of counsel.

Spengler, Carlson, Gubar & Churchill, New York City, for defendant Aubrey B. Lank; Robert S. Carlson, New York City, of counsel.

LASKER, District Judge.

This is an action by four subordinated lenders (the lenders) of Pickard & Company, Inc. (Pickard), a defunct brokerage firm, against the New York Stock Exchange (the Exchange), of which Pickard was a member, and Aubrey B. Lank, Receiver of Pickard. The complaint alleges that Pickard was guilty of securities law and common law fraud in the solicitation and renewal of the subordinated loan agreements. The Exchange is charged in three counts...

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