Legal Opinion

Matheson v. White Weld & Co.

District Court, S.D. New York

Decided October 29, 1971No. 71 Civ. 3304PublishedCited by 18 opinions

1Opinion of the Court

GURFEIN, District Judge.

This is a motion pursuant to Rules 9(b) and 12(b) of the Federal Rules of Civil Procedure to dismiss the third, fourth, fifth and seventh claims for relief on the ground that the Court lacks jurisdiction over the subject matter and that each fails to state a claim upon which relief can be granted. The motion seeks further to dismiss the first, second and sixth claims for relief on the separate ground that there is no properly asserted Federal claim to which said claims could be pendent.

*451The complaint is by a customer against a stock broker (White Weld) a customer’s man…

2Cases cited4 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Globus v. Law Research Service, Inc.Court of Appeals for the Second Circuit · 1969
  3. Colonial Realty Corporation v. Bache & Co.Court of Appeals for the Second Circuit · 1966
  4. Richard Shemtob v. Shearson, Hammill & Co., Inc.Court of Appeals for the Second Circuit · 1971

3Cited by18 opinions

  1. Fed. Sec. L. Rep. P 93,590 David Segal v. Lawrence Gordon, and Coburn Corporation of AmericaCourt of Appeals for the Second Circuit · 1972
  2. Ross v. A. H. Robins Co.Court of Appeals for the Second Circuit · 1979
  3. Jacobson v. Peat, Marwick, Mitchell & Co.District Court, S.D. New York · 1977
  4. Rich v. Touche Ross & Co.District Court, S.D. New York · 1975
  5. Robertson v. National Basketball Ass'nDistrict Court, S.D. New York · 1975

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