Three former New York Stock Exchange seat holders who claim their rights were violated in the merger between the New York Stock Exchange and Archipelago Holdings may proceed with a portion of their suit against the exchange and its chief executive officer.

Finding that the NYSE and CEO John Thain might have made “incomplete or otherwise misleading” statements, New York state Supreme Court Justice Charles E. Ramos, in Hyman v. New York Stock Exchange, 600709/2006, denied the defendants’ request to dismiss the entire case.

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