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THILL SECURITIES CORP. v. NEW YORK STOCK EXCHANGE

No. 79-2253.

633 F.2d 65 (1980)

THILL SECURITIES CORPORATION et al., Plaintiff-Appellant, v. The NEW YORK STOCK EXCHANGE, Defendant-Appellee, and The United States Securities and Exchange Commission, Intervening Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 20, 1980.

Attorney(s) appearing for the Case

E. Campion Kersten, Milwaukee, Wis., for plaintiff-appellant.

Ralph Ferrara, Washington, D. C., William E. Jackson, New York City, for defendant-appellee.

Before PELL, Circuit Judge, NICHOLS, Associate Judge, and CUDAHY, Circuit Judge.

PELL, Circuit Judge.

The plaintiff in this action, Thill Securities Corporation (Thill), is again before this court in its challenge to the New York Stock Exchange's now-revoked anti-rebate rule.1 The rule actually was a part of the Exchange's rule which, prior to its repeal, fixed all commissions charged on the floor of the Exchange. The text of the entire rule, with the challenged portions italicized, provides:

Sec. 1. Commissions...

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