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MURPHY v. McDONNELL & CO., INC.

No. 471, Docket 76-7278.

553 F.2d 292 (1977)

Margaret Mary McDonnell MURPHY, Plaintiff-Appellant, v. McDONNELL & CO., INCORPORATED and the New York Stock Exchange by Robert W. Haack, President, Defendants-Appellees. James F. McDONNELL, Jr., Individually, as Trustee under the Will of James F. McDonnell and as Executor of the Estate of Anna M. McDonnell, and Charles E. McDonnell, as Executor of the Estate of Anna M. McDonnell, Plaintiffs-Appellants, v. The NEW YORK STOCK EXCHANGE by Robert W. Haack et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 14, 1977.

Attorney(s) appearing for the Case

Maxwell E. Cox, New York City (Walter H. Beebe, Marc J. Adelsohn and Davis & Cox, New York City, of counsel), for plaintiffs-appellants Margaret Mary McDonnell Murphy, James F. McDonnell, Jr. and Charles E. McDonnell.

Russell E. Brooks, New York City (Toni C. Lichstein, William C. Owens, Jr. and Milbank, Tweed, Hadley & McCloy, New York City, of counsel), for defendant-appellee New York Stock Exchange, Inc.

R. Scott Greathead, New York City (John J. Loflin and Lord, Day & Lord, New York City, of counsel), for defendant-appellee American Stock Exchange, Inc.

Mark Walfish, New York City (Proskauer, Rose, Goetz & Mendelsohn, New York City, of counsel), for defendant-appellee McDonnell & Co., Inc.

Before ANDERSON, OAKES and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York (Owen, J.), entered in favor of the defendants in two consolidated cases. Both cases, based on federal securities laws, arose out of the financial failure of McDonnell & Co., Inc., a member of the New York and American Stock Exchanges (NYSE and Amex). Specifically, they arose out of McDonnell...

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