Weinfeld v. Paine, Webber, Jackson & Curtis

FRANCIS J. W. FORD, District Judge.

This is an action by customers of defendants, a partnership engaged in business as dealers in securities and as stockbrokers, to recover losses alleged to have resulted from improper handling of plaintiffs’ account. The original complaint sets out diversity of citizenship as the basis for jurisdiction in this court. Defendants have moved to dismiss, and plaintiffs have moved to amend the complaint to add an allegation that the action “also arises as a result of the ‘Commodity Exchange Act.’ ”

Plaintiffs are citizens of Massachusetts. Defendants are a…