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PINNACLE v. EXCHANGE

No. 96 Civ. 2275 (MGC).

946 F.Supp. 290 (1996)

PINNACLE SECURITY INVESTMENT ASSOCIATES, L.P., Plaintiff, v. AMERICAN STOCK EXCHANGE, INC., Defendant.

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

November 26, 1996.

Attorney(s) appearing for the Case

Allan H. Carlin, New York City, for Plaintiff.

Kirkpatrick & Lockhart LLP by Warren H. Colodner, David Simon, Leslie Shaunty, Audrey Venezia, New York City, for Defendant.

OPINION

CEDARBAUM, District Judge.

In this action, Pinnacle Security Investment Associates ("Pinnacle"), a limited partnership, sues the American Stock Exchange, Inc. (the "Exchange") for damages from an alleged violation of § 6(c)(1) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78f(c)(1). Section 6(c)(1) provides that "[a] national securities exchange shall deny membership to ... any person ... which is not a registered...

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