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McMAHON v. SHEARSON/AMERICAN EXP. INC.

No. 84 Civ. 3331 (LFM).

709 F.Supp. 369 (1989)

Eugene McMAHON, Julia McMahon, individually and as trustees of the David J. Hodder & Son, Inc. Employee Pension Plan; the David J. Hodder & Son Profit Sharing Plan; the Laurie Funeral Home, Inc. Employee Pension Plan; and the Laurie Funeral Home Profit Sharing Plan, Plaintiffs, v. SHEARSON/AMERICAN EXPRESS INC. and Mary Ann McNulty, Defendants.

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

February 23, 1989.

Attorney(s) appearing for the Case

Shearson Lehman Hutton Inc. Gen. Counsel by Theodore A. Krebsbach and Jeffrey L. Friedman, New York City, for defendants.

Eppenstein & Eppenstein by Theodore G. Eppenstein, New York City, for plaintiffs.

OPINION

MacMAHON, District Judge.

Defendant-brokers move under Fed.R. Civ.P. 65(a) for a preliminary injunction restraining plaintiff-customers and the Supreme Court of New York, New York County ("state court") from all further proceedings respecting plaintiffs' application in state court to enjoin arbitration under the rules of the New York Stock Exchange, Inc. ("NYSE") and to compel arbitration under the rules of the American Stock Exchange ("AMEX") before...

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