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KRISHNAIAH v. NASDAQ STOCK MARKET INC.

United States District Court, S.D. New York


May 3, 2004.

JAY KRISHNAIAH, On Behalf of Himself And All Others Similarly Situated Plaintiff, -against- NASDAQ STOCK MARKET INC. and, ROBERT GREIFELD, Defendants

The opinion of the court was delivered by: CHARLES HAIGHT, District Judge

MEMORANDUM OPINION AND ORDER

The defendants' motion pursuant to Rule 12(b)(6), Fed.R. Civ. P., to dismiss this purported class action arising out of trading in the shares of Corinthian Colleges, Inc. is granted, for the reasons stated in the Court's Memorandum Opinion and Order filed on this date in the companion case of DL Capital Group LLC v. Nasdaq Stock Market, Inc. and Robert Greifeld, docket number 03 CV 9730 (CSH). The theories of liability pleaded by the plaintiffs in these two complaints are identical, as are the circumstances entitling defendants to absolute immunity from suit.

The Clerk of the Court is directed to dismiss the complaint in the captioned case with prejudice.

  It is SO ORDERED.

20040503

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