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MARKET STREET SECURITIES v. NASDAQ OMX PHLX LLC

Civil Action No. 12-1304.

900 F.Supp.2d 529 (2012)

MARKET STREET SECURITIES, INC. and Stephen Cheseldine, Plaintiff, v. NASDAQ OMX PHLX LLC, Defendant.

United States District Court, E.D. Pennsylvania.

October 17, 2012.

Attorney(s) appearing for the Case

Steven B. Mirow , Philadelphia, PA, for Plaintiff.

Stephen J. Kastenberg , Margaret Osborne Padilla , Paul Lantieri, III , Ballard Spahr LLP, Philadelphia, PA, for Defendant.

MEMORANDUM

ANITA B. BRODY, District Judge.

Plaintiffs Stephen Cheseldine and Market Street Securities, Inc.1 seek declaratory relief to advise them of the consequences of refusing to pay a disciplinary fine that Defendant NASDAQ OMX PHLX LLC ("the Exchange"), formerly known as the Philadelphia Stock Exchange, may levy against them. Defendant moved to dismiss Plaintiffs' Complaint for lack of subject matter jurisdiction...

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