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GILSON v. CHOCK FULL O'NUTS CORPORATION

No. 90, Docket 28316.

326 F.2d 246 (1964)

Jerome L. GILSON and Morris J. Levy, Plaintiffs-Appellants, v. CHOCK FULL O'NUTS CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 3, 1964.

Attorney(s) appearing for the Case

Morris J. Levy, New York City, for plaintiffs-appellants.

Debevoise, Plimpton, Lyons & Gates, New York City, for defendant-appellee. Samuel E. Gates, J. Asa Rountree and Cecil Wray, Jr., New York City, of counsel.

Philip A. Loomis, Gen. Counsel, David Ferber, Associate Gen. Counsel, John A. Dudley, Sp. Counsel, Donald R. Joliffe, Atty., Washington, D. C., Counsel for Securities and Exchange Commission as amicus curiæ.

Before SWAN, CLARK and MARSHALL, Circuit Judges.

SWAN, Circuit Judge.

This action was commenced in November 1962 in the Supreme Court of New York for the County of New York. The defendant caused it to be removed to the court below on the ground the claim asserted is one "arising under the * * * laws of the United States," namely, 15 U.S.C.A. § 78p(b). After defendant had filed its answer, plaintiffs moved for summary judgment, and appellee moved to dismiss the complaint. Plaintiffs' motion was denied and the...

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