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THILL SECURITIES CORP. v. NEW YORK STOCK EXCH.

Civ. A. No. 63-C-264.

473 F.Supp. 1364 (1979)

THILL SECURITIES CORPORATION et al., Plaintiff, v. The NEW YORK STOCK EXCHANGE, Defendant, and United States of America and United States Securities and Exchange Commission, Intervening Defendants.

United States District Court, E. D. Wisconsin.

August 15, 1979.

Attorney(s) appearing for the Case

E. Campion Kersten, Arlo A. McKinnon, and John W. Emmerling, Milwaukee, Wis., for plaintiff.

Robert V. Abendroth, Milwaukee, Wis., William E. Jackson, Isaac Shapiro and Mark L. Davidson, New York City, for defendant; Milbank, Tweed, Hadley & McCloy, New York City, Whyte, Hirschboeck, Minahan, Harding & Harland, S. C., Milwaukee, Wis., of counsel.

Thomas E. Kauper, Asst. Atty. Gen., Donald I. Baker, B. Barry Grossman, Joel Davidow, C. Coleman Bird, Lawrence Hellman, and Seymour H. Dussman, Attys., Dept. of Justice, Washington, D. C., for intervening defendant United States of America.

Walter P. North, Associate Gen. Counsel, Alan Blank, Sp. Counsel, and Theodore L. Freedman, Atty., U. S. Securities and Exchange Comm., Washington, D. C., for intervening defendant United States Securities and Exchange Commission.

DECISION AND ORDER

REYNOLDS, Chief Judge.

This is an action for treble damages and for injunctive and declaratory relief brought pursuant to §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2, and § 4 of the Clayton Act, 15 U.S.C. § 15. The plaintiff Thill Securities Corporation ("Thill") was a registered broker-dealer in securities. The plaintiff has gone out of business since the suit was commenced. The defendant is the New...

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