MAX MARX COLOR & CHEM. EMPLOYEES' PROFIT v. BARNES

No. 98 Civ. 7652(LAK).

37 F.Supp.2d 248 (1999)

MAX MARX COLOR & CHEMICAL CO. EMPLOYEES' PROFIT SHARING PLAN, and Walter Sichel, Petitioners, v. Milton R. BARNES, Kemper Securities Group, Inc., Bateman Eichler, Hill Richards, John G. Kinnard & Company, and Texas Capital Securities, Respondents.

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

January 21, 1999.


Attorney(s) appearing for the Case

Timothy J. Dennin, New York City, for Plaintiff.

Jonathan K. Lagemann, New York City, Diane C. Fischer, Ronald P. Kane, Gomberg Kane & Fischer, Ltd., Chicago, IL, for Defendants.


MEMORANDUM OPINION

KAPLAN, District Judge.

This case calls upon the Court to determine whether an arbitration award should be vacated due to alleged misconduct and manifest disregard of the law by a National Association of Securities Dealers, Inc. ("NASD") arbitration panel.

Facts

In March 1997, Max Marx Color & Chemical Co. Employees Profit Sharing Plan (the "Plan")1 commenced an arbitration before...

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