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D'ALESSIO v. NEW YORK STOCK EXCHANGE, INC.

No. 00 Civ. 269(JSR).

125 F.Supp.2d 656 (2000)

John R. D'ALESSIO and D'Alessio Securities, Inc., Plaintiffs, v. NEW YORK STOCK EXCHANGE, INC., Richard A. Grasso, Edward A. Kwalwasser, and Robert J. McSweeney, Defendants.

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

September 29, 2000.

Attorney(s) appearing for the Case

Dominic F. Amorosa, New York City, for Plaintiffs.

Debra M. Torres, Fried, Frank, Harris, Shriver & Jacobson, New York City, for Defendants.

OPINION AND ORDER

RAKOFF, District Judge.

The basic question presented by defendants' pending motion to dismiss is whether employees of the New York Stock Exchange who, pursuant to statutory delegation, perform regulatory functions that would otherwise be performed by the Securities and Exchange Commission are entitled to the same immunities from suit to which comparable Commission employees would be entitled. The short answer is yes.

The...

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