Manning v. Smith Barney, Harris Upham & Co.

OPINION

SAND, District Judge.

This is an action brought by petitioner Timothy Manning against respondent Smith Barney, Harris Upham & Co. Inc., to vacate an arbitration award rendered by a panel of the New York Stock Exchange. Before the Court is respondent’s motion to dismiss pursuant to Rule 12(b) of the Federal Rules of Civil Procedure on the ground that this Court lacks subject matter jurisdiction. We find that there is no federal question present and no diversity of citizenship between the parties, and we therefore grant the motion to dismiss the petition.

The factual background can be…