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AUSTERN v. CHICAGO BD. OPTIONS EXCHANGE, INC.

No. 89 Civ. 0462 (MGC).

716 F.Supp. 121 (1989)

S. Ezra AUSTERN and Esther Austern, Plaintiffs, v. The CHICAGO BOARD OPTIONS EXCHANGE, INC., Defendant.

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

July 31, 1989.

Attorney(s) appearing for the Case

S. Ezra Austern, Brooklyn, N.Y., for plaintiffs.

Ashinoff, Rose & Korff, New York City by Reid L. Ashinoff and Mark S. Pomerantz, for defendant.

OPINION AND ORDER

CEDARBAUM, District Judge.

S. Ezra Austern and Esther Austern sue the Chicago Board Options Exchange, Inc. ("CBOE"), for $608,000 in damages arising out of an arbitration award rendered by a CBOE-sponsored panel on October 24, 1986. CBOE has moved to dismiss the complaint, pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons discussed below, the motion is granted.

BACKGROUND

For purposes of this motion, the complaint is...

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