MFS SECS. CORP. v. NEW YORK STOCK EXCH., INC., 01-7137
Where a terminated member of the NYSE filed suit in the district court alleging antitrust violations, including a group boycott and a lack of process offered by the NYSE, such claims could not continue in the district court because administrative review by the SEC, capable of addressing the member-s complaints, was available under Section 19 of the Exchange Act, 15 U.S.C. Sections 78s(d)-(e), and because the existence and outcome of such review could be crucial to the issues before the court.
- Decided 01/25/2002
- Published 01/25/2002
CALABRESI, Circuit Judge., Before NEWMAN, CALABRESI, and SACK, Circuit Judges.
United States Second Circuit
Dominic F. Amorosa,Law Office of Dominic F. Amorosa, New York, NY, for Plaintiffs-Appellants.
Jay N. Fastow, Weil, Gotshal & Manges LLP, New York, N.Y. (Marcia Y. Williams and James D. Lawrence, of counsel, on the brief), for Defendant-Appellee.