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KLEBANOW v. NEW YORK PRODUCE EXCHANGE

232 F.Supp. 965 (1964)

Bernard KLEBANOW and George Lewis, Plaintiffs, v. NEW YORK PRODUCE EXCHANGE, New York Produce Exchange Clearing Association, Merrill Lynch, Pierce, Fenner & Smith, Inc., Ira Haupt & Company, Morton Kamerman as Liquidating Trustee for the Benefit of Ira Haupt & Company, and others presently unknown to the Plaintiffs, Defendants.

United States District Court S. D. New York.

August 18, 1964.

Attorney(s) appearing for the Case

Rosenman, Colin, Kaye, Petschek & Freund, New York City, Max Freund, Seymour D. Lewis and Ernest Gleit, New York City, of counsel, for plaintiffs.

Holtzmann, Wise & Shepard, New York City, Howard M. Holtzmann and William B. Shealy, New York City, of counsel, for defendant New York Produce Exchange.

Baer, Marks, Friedman & Berliner, New York City, for defendant New York Produce Exchange Clearing Ass'n.

Brown, Wood, Fuller, Caldwell & Ivey, New York City, Louis B. Eten and Earl J. McHugh, New York City, of counsel, for defendant Merrill Lynch, Pierce, Fenner & Smith Inc.

TYLER, District Judge.

Defendants other than Morton Kamerman and Ira Haupt & Company ("Haupt") assail the legal sufficiency of the complaint seeking treble damages for alleged Sherman Act violations by defendants. The plaintiffs are limited partners of Haupt and, as such, they purport to bring this suit on behalf of the partnership entity. The principal points urged by defendants in support of their motions to dismiss...

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