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PENNMONT SECURITIES v. FRUCHER

No. 08-1476.

586 F.3d 242 (2009)

PENNMONT SECURITIES, and its partners, Appellant, v. Meyer FRUCHER; Philadelphia Stock Exchange; Philadelphia Stock Exchange Board Of Governors, John Does 1-12; National Securities Clearing Corporation.

United States Court of Appeals, Third Circuit.

Filed: August 17, 2009.

Attorney(s) appearing for the Case

Lynanne B. Wescott, [ARGUED], the Wescott Law Firm P.C., Philadelphia, PA, Counsel for Appellant.

Stephen J. Kastenberg, [ARGUED], Edward D. Rogers, Paul Lantieri III, Ballard Spahr Andrews & Intersoll, LLP, Philadelphia, PA, Counsel for Appellees.

Before: FUENTES, CHAGARES, and TASHIMA, Circuit Judges.

FUENTES, Circuit Judge.

This case concerns a dispute between the Philadelphia Stock Exchange ("the Exchange") and PennMont Securities ("PennMont"), a member of the Exchange. PennMont appeals an Order and Opinion of the District Court, dismissing PennMont's motion for a temporary restraining order ("TRO") and a preliminary injunction on grounds of absolute immunity, and dismissing the entire case for failure to state a claim upon which relief could be granted. For...

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