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FIRST JERSEY SECURITIES, INC. v. BERGEN

Nos. 79-1572, 79-1789.

605 F.2d 690 (1979)

FIRST JERSEY SECURITIES, INC., a Corporation of the State of New Jersey, Robert E. Brennan, Joseph Galligan, Jack Mondel, Charles Oehlert, John Dell, Michael Zudonyi, and Anthony Nadino, Respondents, v. George J. BERGEN, Individually and in his official capacity, and National Association of Securities Dealers, Inc., a Corporation of the State of Delaware, Petitioners, and Honorable Vincent P. Biunno, Judge, United States District Court, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided August 29, 1979.

Attorney(s) appearing for the Case

Jonathan L. Goldstein (argued), Hellring, Lindeman, Goldstein & Siegel, Newark, N. J., for petitioner George Bergen.

Raymond M. Tierney, Jr. (argued), Shanley & Fisher, Newark, N. J., for petitioner National Association of Securities Dealers, Inc.

Donald A. Robinson, Ronald J. Riccio (argued), John B. Livelli, Robinson, Wayne & Greenberg, Newark, N. J., for respondents.

Before ADAMS, ROSENN, and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

We are presented with a petition for a writ of mandamus, urging us to direct the district court to dismiss a suit for want of subject matter jurisdiction.1 The suit was filed in the United States District Court for the District of New Jersey, by First Jersey Securities, Inc., and some of its officers and personnel ("First Jersey"), seeking to enjoin the National Association of Securities...

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