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LEIBOWITZ v. SMITH BARNEY INC.

No. 94 Civ. 6748 DC.

863 F.Supp. 171 (1994)

Lawrence LEIBOWITZ and Joseph Rondina, Plaintiffs, v. SMITH BARNEY INC., First Albany Corporation, Alan F. Coates, and "John Doe" as personal representative of the Estate of Frederick Purtell, deceased, Defendants.

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

September 23, 1994.

Attorney(s) appearing for the Case

Edward F. Westfield, Stults & Balber, P.C., New York City, for plaintiffs.

Harry T. Walters, Associate Gen. Counsel, Smith Barney Inc., New York City, for defendant Smith Barney, Inc.

Brian F. Mumford, Harvey and Harvey, Harvey & Mumford, Albany, NY, for defendant First Albany Corp.

MEMORANDUM DECISION AND ORDER

CHIN, District Judge.

This is a motion by plaintiffs Lawrence Leibowitz and Joseph Rondina for a temporary restraining order and preliminary injunction staying an arbitration pending before the National Association of Securities Dealers (the "NASD"). For the reasons set forth below, the motion is denied.

FACTS1

This case arises from a series of investments made by...

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