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LANK v. NEW YORK STOCK EXCHANGE

No. 259, Docket 76-7243.

548 F.2d 61 (1977)

Aubrey B. LANK, as Receiver of Pickard & Company, Incorporated, Plaintiff-Appellee, v. The NEW YORK STOCK EXCHANGE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 20, 1977.

Attorney(s) appearing for the Case

William F. Tueting, New York City (Robert S. Carlson, Gregory Katz, Robert D. Marafioti and Spengler, Carlson, Gubar, Churchill & Brodsky, New York City, on the brief), for plaintiff-appellee.

Russell E. Brooks, New York City (Martha G. Bannerman and Milbank, Tweed, Hadley & McCloy, New York City, on the brief), for defendant-appellant.

Before MEDINA, OAKES and GURFEIN, Circuit Judges.

MEDINA, Circuit Judge:

The New York Stock Exchange appeals from a judgment of the United States District Court for the Southern District of New York, on questions certified by Judge Morris E. Lasker, pursuant to 28 U.S.C. Section 1292(b). The opinion below is reported, 405 F.Supp. 1031 (S.D.N.Y.1975). The principal issue before us is whether a member of a national securities exchange has a cause of action against the exchange...

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