Legal Opinion

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. National Ass'n of Securities Dealers, Inc.

Court of Appeals for the Fifth Circuit

Decided May 16, 1980No. 77-3450PublishedCited by 13 opinions

1Opinion of the Court

AINSWORTH, Circuit Judge:

In this novel and important securities regulatory matter, the National Association of Securities Dealers, Inc. (NASD) appeals from the district court’s preliminary injunction barring it from proceeding with a disciplinary hearing against its member, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), and certain named employees of Merrill Lynch.1 The NASD contends the district court erred in interfering with its disciplinary hearing as the NASD’s decision not to sequester a complaining witness at the hearing, which prompted Merrill Lynch to seek injunctive…

2Cases cited14 opinions

  1. McKart v. United StatesSupreme Court of the United States · 1969
  2. Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
  3. Cobbledick v. United StatesSupreme Court of the United States · 1940
  4. Renegotiation Board v. Bannercraft Clothing Co.Supreme Court of the United States · 1974
  5. Parisi v. DavidsonSupreme Court of the United States · 1972

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Philip Barbara v. New York Stock Exchange, Inc.Court of Appeals for the Second Circuit · 1996
  2. Holiday Spas v. Montgomery County Human Relations CommissionCourt of Appeals of Maryland · 1989
  3. National Ass'n of Securities Dealers, Inc. v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2005
  4. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. National Association Of Securities Dealers, Inc., Et Al.Court of Appeals for the Fifth Circuit · 1980
  5. First Montauk Securities Corp. v. Four Mile Ranch Development Co.District Court, S.D. Florida · 1999

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