Cataldo J. Capozza, an original member and shareholder of NYMEX Holding, Inc. (�NYMEX�) (NYSE:NMX), who filed a class action on March 17, 2008, in the Delaware Chancery Court on behalf of all NYMEX shareholders, announced today that his attorneys have sought permission from the Court to file a Second Consolidated and Amended Class Action Complaint in the action which provides substantial details of the defendants� alleged breaches of fiduciary duty. A copy of the complaint is available from the court or can be viewed by clicking on the link at the firm�s website, www.whafh.com, under the heading �NYMEX SHAREHOLDER LITIGATION.� Separately, Mr. Capozza said that CME�s recently-announced plan to buy back $1.1 billion of CME stock over the next 18 months and pay a $5 per share special dividend after is wanting and that CME�s bid to buy NYMEX still falls short of the true value of NYMEX shares. �It won�t help NYMEX shareholders for CME to pile on debt to buy back its own stock and pay a special dividend to try to get the price back to $119 per share. Instead of buying back $1.1 billion of CME, CME would accomplish more for NYMEX shareholders by raising its offer for the NYMEX shares. A buy-back will not add long-term value to the deal, and the price still undervalues NYMEX,� Mr. Capozza said today. Demand for future contracts is strong and has grown in the first half of 2008. According to the Commodities Futures Trading Corporation, the oil futures market has tripled since 2004. �NYMEX has demonstrated financial strength for more than a century and does not need a special dividend buyout from CME that is inadequate and unfair to NYMEX shareholders. The business of NYMEX is as strong as ever. Now is not the time to sell out for a low price,� Mr. Capozza said.
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