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BRAWER v. OPTIONS CLEARING CORP.

No. 85 Civ. 2148 (LLS).

633 F.Supp. 1254 (1986)

Leonard BRAWER, Plaintiff, v. The OPTIONS CLEARING CORPORATION and American Stock Exchange, Inc., Defendants.

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

April 29, 1986.

Attorney(s) appearing for the Case

A. Arnold Gershon, New York City, for plaintiff; Schiff, Hardin & Waite, Chicago, Ill., Burton R. Rissman, of counsel.

Seward & Kissel, New York City, for defendant The Options Clearing Corp., M. William Munno, of counsel.

Lord, Day & Lord, New York City, Eugene F. Bannigan, Gordon L. Nash, for defendant American Stock Exchange, Inc.

OPINION and ORDER

STANTON, District Judge.

Defendants The Options Clearing Corporation ("OCC") and American Stock Exchange, Inc. ("AMEX") move pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the complaint for failure to state a claim upon which relief can be granted, on the ground that there is no private right of action under the applicable provisions of the Securities Exchange Act of 1934 ("Exchange Act" or "Act"), 15 U.S.C. § 78a et seq., under...

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