IN RE NASDAQ MARKET-MAKERS ANTITRUST LITIGATION

No. 94 Civ. 3996 (RWS).

894 F.Supp. 703 (1995)

In re NASDAQ MARKET-MAKERS ANTITRUST LITIGATION.

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

August 4, 1995.


Attorney(s) appearing for the Case

Fine Kaplan and Black, Philadelphia, PA (Arthur M. Kaplan, of counsel), Milberg Weiss Bershad Hynes & Lerach, San Diego, CA (Leonard B. Simon, of counsel), Christopher Lovell, P.C., New York City (Christopher Lovell, of counsel), Wechsler Skirnick Harwood Halebian & Feffer, New York City (Robert A. Skirnick, of counsel), Pomerantz Levy Hauder Block & Grossman, New York City (Stanley M. Grossman, Shaheen Rushd, of counsel), Garwin, Bronzaft, Gerstein & Fisher, New York City (Bruce E. Gerstein, Jerald M. Stein, of counsel), for plaintiff.

Sullivan & Cromwell, New York City (John L. Warden, Michael Lacovara, Nicole A. LaBarbera, Tracey J. Bolotnick, of counsel), for defendant Goldman, Sachs & Co.

Shearman & Sterling, New York City (Joseph T. McLaughlin, James T. Halverson, of counsel), for defendant Herzog, Heine, Geduld, Inc.


OPINION

SWEET, District Judge.

The Defendants in this multidistrict litigation have moved to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure alleging that the complaint fails to allege with sufficient specificity a claim upon which relief can be granted. For the reasons discussed below, the motion is granted with leave for plaintiffs to amend the complaint.

Parties

The 33 named Defendants...

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