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FEINS v. AMERICAN STOCK EXCHANGE, INC.

No. 351, Docket 95-7304.

81 F.3d 1215 (1996)

Beatrice J. FEINS, Plaintiff-Appellant, v. AMERICAN STOCK EXCHANGE, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Submitted April 17, 1996.

Decided April 24, 1996.

Attorney(s) appearing for the Case

Allen H. Carlin, New York City, for Plaintiff-Appellant.

Warren H. Colodner, New York City (Kirkpatrick & Lockhart LLP, David Simon, Eleanor A. Acer, of counsel), for Defendant-Appellee.

Paul Gonson, Solicitor, Jacob H. Stillman, Associate General Counsel, Katharine Gresham, Assistant General Counsel, Allan A. Capute, Special Counsel to the Solicitor, Securities and Exchange Commission, Washington, DC, for Securities and Exchange Commission, Amicus Curiae.

Before: FEINBERG, OAKES and CABRANES, Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiff Beatrice Feins appeals from a judgment of the United States District Court for the Southern District of New York, John F. Keenan, J., dismissing her complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Feins sought compensatory and punitive damages resulting from the denial by defendant American Stock Exchange, Inc. (AMEX) of Feins's application for membership, where AMEX's denial...

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