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WEISSMAN v. NATIONAL ASS'N OF SECURITIES DEALERS

No. 04-13575.

468 F.3d 1306 (2006)

Steven I. WEISSMAN, as Custodian under the Florida Uniform Transfers to Minors Act, as Trustee and individually, Plaintiff-Appellee, v. NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC., a Delaware not-for-profit corporation, NASDAQ Stock Market, Inc., a Delaware corporation organized for profit, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 1, 2006.

Attorney(s) appearing for the Case

Jeffrey A. Wadsworth, Douglas R. Cox, Michael James Edney, Gibson, Dunn & Crutcher, LLP, Washington, DC, David Scott Mandel, Mandel & Mandel, LLP, Miami, FL, for Defendants-Appellants.

David Allan Freedman, Burlington, Well, Schwiep, Kaplan, Miami, FL, Steven I. Weissman, Hollywood, FL, for Plaintiff-Appellee.

Before TJOFLAT and BARKETT, Circuit Judges, and FULLER, District Judge.

BARKETT, Circuit Judge:

The National Association of Securities Dealers, Inc. ("NASD") and its subsidiary, the NASDAQ Stock Market, Inc. ("NASDAQ"), seek reversal of the district court's denial of their motion to dismiss Steven Weissman's complaint, as well as the district court's order permitting Weissman to engage in pre-trial discovery.1 NASD and NASDAQ ("Appellants") claim absolutely immunity from Weissman's suit. They argue that Weissman...

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