Legal Opinion
Cowen v. New York Stock Exchange
District Court, N.D. New York
Decided July 12, 1966No. Civ. 10350PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
BRENNAN, District Judge.
Since matters outside of the pleadings are presented and not excluded by the court, for all practical purposes the motions here are considered as requesting a summary judgment dismissing the complaint in accordance with the provisions of F.R.CIV.P. 12 and 56. In effect, the motions challenge the sufficiency of the factual background and the applicability of legal principles thereto, which must be shown to sustain life in this litigation.
Briefly stated, the complaint invokes the provisions of Section 1 of the so-called Sherman Act. (15…
2Cases cited12 opinions
- Silver v. New York Stock ExchangeSupreme Court of the United States · 1963
- Dyer v. MacDougallCourt of Appeals for the Second Circuit · 1952
- Israel v. Wood Dolson Co.New York Court of Appeals · 1956
- Dressler v. MV SandpiperCourt of Appeals for the Second Circuit · 1964
- Patricia Waldron, as of the Last Will and Testament of Gerald B. Waldron, Deceased v. Cities Service Co.Court of Appeals for the Second Circuit · 1966
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3Cited by2 opinions
- Fleischmann Distilling Corp. v. Distillers Co. Ltd.District Court, S.D. New York · 1975
- Collins v. Main Line Board of RealtorsSupreme Court of Pennsylvania · 1973