United States Third Circuit

In a dispute between the Philadelphia Stock Exchange and a member, order dismissing plaintiff-member's motion for a temporary restraining order is vacated and remanded with instructions to dismiss the action for lack of proper subject matter jurisdiction where the district court lacked proper subject matter jurisdiction over the action as plaintiff failed to exhaust the available administrative remedies provided by the Exchange Act, and two exceptions to the exhaustion requirement did not apply.

Appellate Information

• Argued 03/12/2009
• Decided 08/17/2009
• Published 08/17/2009

Judges

• FUENTES, Circuit Judge., Before: FUENTES, CHAGARES, and TASHIMA, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Lynanne B. Wescott, [ARGUED], the Wescott Law Firm P.C., Philadelphia, PA, Counsel for Appellant.


• For Appellees:
  
• Stephen J. Kastenberg, [ARGUED], Edward D. Rogers, Paul Lantieri III, Ballard Spahr Andrews & Intersoll, LLP, Philadelphia, PA, Counsel for Appellees.