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GORDON v. NEW YORK STOCK EXCHANGE, INC.

No. 71 Civ. 1496.

366 F.Supp. 1261 (1973)

Richard A. GORDON, Individually and as President of Independent Investors Protective League, an unincorporated association, and in behalf of the membership thereof and in behalf of all persons similarly circumstanced, Plaintiff, v. NEW YORK STOCK EXCHANGE, INC., et al., Defendants.

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

December 3, 1973.

Attorney(s) appearing for the Case

Bader & Bader, New York City, for plaintiff.

Milbank, Tweed, Hadley & McCloy, New York City, for defendants New York Stock Exchange, Inc. and Bache & Co., Inc.

Lord, Day & Lord, New York City, for defendant American Stock Exchange, Inc.

Brown, Wood, Fuller, Caldwell & Ivey, New York City, for defendant Merrill Lynch, Pierce, Fenner & Smith, Inc.

MEMORANDUM

LASKER, District Judge.

In this action, brought by Richard A. Gordon, individually and as President of Independent Investors Protective League, against the New York Stock Exchange, the American Stock Exchange ("the Exchanges") and their member firms, plaintiff alleges several violations of the Robinson-Patman Act and the Sherman Act, to the detriment of "small investors" (those ineligible for either "volume discounts" on trades of over 1,000 shares...

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