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WEINBERGER v. NEW YORK STOCK EXCHANGE

No. 69 Civ. 4461.

335 F.Supp. 139 (1971)

Bernard WEINBERGER, Plaintiff, v. NEW YORK STOCK EXCHANGE by Robert W. Haack, President, Defendant.

United States District Court, S. D. New York.

December 14, 1971.

Attorney(s) appearing for the Case

Poletti, Freiden, Prashker, Feldman & Gartner, New York City, for plaintiff by Paul R. Grand and Paul DeRensis, New York City, of counsel.

Milbank, Tweed, Hadley & McCloy, New York City, for defendant by Andrew J. Connick and Norman R. Nelson, New York City, of counsel.

GURFEIN, District Judge.

In his original complaint of October 9, 1969, the plaintiff, a former limited partner of Ira Haupt & Co. (hereinafter Haupt), now bankrupt, stated two claims for relief against the New York Stock Exchange (hereinafter Exchange). The first count charged a violation of Section 6 of the Securities Exchange Act of 1934 (15 U.S.C. § 78f) in that the Exchange failed adequately to supervise Haupt as a member firm of the Exchange to the damage...

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