Legal Opinion
Winkleman v. New York Stock Exchange
Court of Appeals for the Third Circuit
Decided August 4, 1971No. 71-1394PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
KRAFT, District Judge.
Appellants, Edward Winkleman and Scientific Resources Corporation (Scientific), appeal from the district court’s denial of their motion for preliminary injunction and its dismissal of their action against New York Stock Exchange and its members. (Exchange). We shall first review the propriety of the grant by the court below of defendants’ motion to dismiss the action for lack of jurisdiction over the subject matter, under F.R.Civ.P. 12(b) (1), since if the dismissal was proper, appellants’ motion for preliminary injunction must necessarily have failed.
2Cases cited3 opinions
- Silver v. New York Stock ExchangeSupreme Court of the United States · 1963
- Kenneth Wayne Nelson v. Charles K. Miller, Captain, United States Navy, Etc.Court of Appeals for the Third Circuit · 1967
- Fifth Avenue Coach Lines, Inc. v. New York Stock ExchangeAppellate Division of the Supreme Court of the State of New York · 1966
3Cited by31 opinions
- Mortensen v. First Federal Savings And Loan AssociationCourt of Appeals for the First Circuit · 1977
- Minnesota Bearing Co. v. White Motor Corp.Court of Appeals for the Eighth Circuit · 1973
- Hancock Industries v. SchaefferCourt of Appeals for the Third Circuit · 1987
- Torrey v. TwifordWyoming Supreme Court · 1986
- Public Funds for Public Schools of NJ v. MarburgerDistrict Court, D. New Jersey · 1973
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