PHILADELPHIA STOCK
EXCHANGE ANNOUNCES DISMISSAL OF DISSIDENT MEMBER LITIGATION
For more information, contact Barbara Sorid at 215-496-5200
or by e-mail
“Longstanding claims against Exchange dismissed in their entirety by Philadelphia
Court of Common Pleas ”
PHILADELPHIA — October 7, 2004 — The Philadelphia Stock Exchange
(PHLX) announced today that Judge Gene D. Cohen, of the Philadelphia Court of
Common Pleas, in a ruling yesterday granted the Exchange’s motion for summary
judgment, dismissing completely the claims brought against the PHLX in Joseph
Carapico, et al. v. Philadelphia Stock Exchange, Inc., et al.
The Judge’s ruling effectively ends Mr. Carapico’s attempt to reverse
the Exchange’s demutualization, which the Securities and Exchange Commission
approved and which was concluded in January 2004. The Judge’s opinion stated
that, among other reasons, the Court would not grant Carapico’s requested
injunction because the plaintiffs “failed to offer any evidence that the
Demutualization of PHLX will violate (or has violated) any applicable law, the
articles of incorporation, or the bylaws of the PHLX.” In his lawsuit,
Carapico also sought to have a custodian appointed by the Court to manage the
Exchange, in addition to seeking financial damages from the Exchange itself.
“We never doubted that we would prevail in this matter,” said Meyer “Sandy” Frucher,
PHLX’s chairman and CEO. “The Court affirmed what our members and
seat owners approved overwhelmingly in November 2003 — that our demutualization
was a sound business decision and key to positioning PHLX for future growth.”
A copy of the Philadelphia Court of Common Pleas opinion can be accessed by
this link to the PHLX website: http://www.phlx.com/news/pr2004/phlx-order.pdf.
The Philadelphia Stock Exchange (PHLX) was founded in
1790. The PHLX trades more than 2,200 stocks, 1,016 listed equity
options, 12 sectors index options and currency pairs. For more information
about the PHLX and its products, visit www.phlx.com.
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