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ALDRICH v. NEW YORK STOCK EXCHANGE, INC.

No. 76 Civ. 1951 (HFW).

446 F.Supp. 348 (1977)

George D. ALDRICH et al., Plaintiffs, v. NEW YORK STOCK EXCHANGE, INC., and Touche Ross & Co., a partnership, Defendants.

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

September 12, 1977.

Attorney(s) appearing for the Case

Dickstein, Shapiro & Morin, New York City, Sidney Dickstein, New York City, of counsel, for plaintiffs.

Milbank, Tweed, Hadley & McCoy, New York City, Russell E. Brooks, Martha G. Bannerman, Peter A. Copeland, New York City, for defendant New York Stock Exchange.

Roseman, Colin, Freund, Lewis & Cohen, New York City, Arnold I. Roth, New York City, of counsel, for Touche Ross & Co.

OPINION

WERKER, District Judge.

Defendant New York Stock Exchange (the "Exchange") has made a motion to dismiss the complaint under rule 12(b)(6) of the Federal Rules of Civil Procedure with respect to those allegations in the complaint based upon section 10(b) of the Securities Exchange Act of 1934 (the "1934 Act"), 15 U.S.C. § 78j(b), and rule 10b-5, 17 C.F.R. 240.10b-5, on the ground that they fail to state a claim upon which relief can be granted...

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