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SELIGSON v. NEW YORK PRODUCE EXCHANGE

No. 66 Civ. 1016.

394 F.Supp. 125 (1975)

Charles SELIGSON, as Trustee in Bankruptcy of Ira Haupt & Co., a Limited Partnership, Bankrupt, Plaintiff, v. NEW YORK PRODUCE EXCHANGE et al., Defendants.

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

March 28, 1975.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, for plaintiff.

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

Holtzmann, Wise & Shepard, New York City, for defendants N. Y. Produce Exchange, Donald V. MacDonald, Sidney Fashena, I. Usiskin & Co., Carl R. Berg.

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for defendant N. Y. Produce Exchange.

Schwartzberg & Kittrell, New York City, for defendant Harry B. Anderson.

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

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendants Bunge Corp. and Walter C. Klein.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendants Continental Grain Co. and Harold C. Vogel.

OPINION

ROBERT L. CARTER, District Judge.

Defendants New York Produce Exchange ("Exchange") and New York Produce Exchange Clearing Association ("Association") renew their motions for summary judgment with respect to the third count of the amended complaint ("complaint").

Of the facts found to be undisputed on the original motion and set out in detail at 378 F.Supp. 1076, only those which are relevant to the third...

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