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STROBL v. NEW YORK MERCANTILE EXCHANGE

No. 79 Civ. 1834 (LFM).

561 F.Supp. 379 (1983)

Joseph STROBL, Plaintiff, v. NEW YORK MERCANTILE EXCHANGE et al., Defendants.

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

April 12, 1983.

Attorney(s) appearing for the Case

Cahill Gordon & Reindel by William E. Hegarty and Peter Leight, New York City, for defendant New York Mercantile Exchange.

Charfoos, Christensen, Gilbert & Archer, P.C., Detroit, Mich. by Peter E. DeBlasio, New York City, for plaintiff.

MacMAHON, Senior District Judge.

Defendant New York Mercantile Exchange ("the Exchange") moves to reargue its motion to dismiss the complaint for failure to state a claim upon which relief may be granted, Rule 12(b)(6), Fed.R.Civ.P., or, in the alternative, to dismiss the complaint. Plaintiff moves to reinstate his claims under the Commodity Exchange Act ("CEA"), as amended by the Commodity Futures Trading Commission Act ("CFTCA").

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