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GOLDSTEIN v. MERRILL LYNCH, PIERCE, FENNER & SMITH INC.

No. 75 C 4439.

416 F.Supp. 798 (1976)

Irving A. GOLDSTEIN, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, Defendant.

United States District Court, N. D. Illinois, E. D.

April 1, 1976.

Attorney(s) appearing for the Case

Irving Goodman, Chicago, Ill., for plaintiff.

Peter R. Sonderby and Thomas L. Aldrich, Chadwell, Kayser, Ruggles, McGee & Hastings, Chicago, Ill., for defendant.

DECISION

McMILLEN, District Judge.

Plaintiff has filed a motion to remand this case to the Circuit Court of Cook County, Illinois where it was originally filed. The motion is resisted by the defendant on the ground that the Complaint in effect alleges a violation of § 10(b) of the Securities Exchange Act and Rule 10b-5 thereunder. If this is such a case, then this court would have exclusive jurisdiction...

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