Legal Opinion

William J. Higgins v. Securities and Exchange Commission, New York Stock Exchange, Intervenor

Court of Appeals for the Second Circuit

Decided January 20, 1989No. 530, Docket 88-4115PublishedCited by 9 opinions

1Per curiam

In this petition filed pursuant to 15 U.S. C. § 78y (1982), William J. Higgins seeks review of a decision of the Securities and Exchange Commission (“the SEC” or “the Commission”) approving a proposed change to the rules of the New York Stock Exchange (“the NYSE” or “the Exchange”). The facts underlying this dispute are fully laid out in the decision of the SEC approving the rule change. SEC Release No. 34-25842 (June 23, 1988). We therefore give only a brief description of them here.

Higgins is a member of the NYSE, and as such is granted access to the floor of the Exchange, where the actual…

2Cases cited3 opinions

  1. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1983
  2. Fed. Sec. L. Rep. P 97,138 Larry Belenke v. Securities and Exchange Commission, Chicago Board Options Exchange, Inc., Intervening-RespondentsCourt of Appeals for the Seventh Circuit · 1979
  3. Richard Rutherford v. Securities and Exchange CommissionCourt of Appeals for the Ninth Circuit · 1988

3Cited by9 opinions

  1. Michael J. MARKOWSKI, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, RespondentCourt of Appeals for the Second Circuit · 1994
  2. Kevin UPTON, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, RespondentCourt of Appeals for the Second Circuit · 1996
  3. William J. HIGGINS, Plaintiff-Appellant, v. NEW YORK STOCK EXCHANGE, INC., Defendant-AppelleeCourt of Appeals for the Second Circuit · 1991
  4. Fed. Sec. L. Rep. P 98,418 First Independence Group, Inc. Frank P. Giraldi and Mark S. Milana v. Securities and Exchange CommissionCourt of Appeals for the First Circuit · 1994
  5. F.B. Horner & Associates, Inc., Fred B. Horner v. Securities and Exchange CommissionCourt of Appeals for the Second Circuit · 1993

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