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BAGBY v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

No. 18397-4.

348 F.Supp. 969 (1972)

Anna C. BAGBY, Individually and as Guardian of Kenneth Bagby and Dixie Bagby, Minors, Plaintiffs, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant and Third-Party Plaintiff, v. COMMERCE BANK OF KANSAS CITY, Third-Party Defendant and Fourth-Party Plaintiff, v. TRADERS NATIONAL BANK and City National Bank and Trust Co., Fourth-Party Defendants.

United States District Court, W. D. Missouri, W. D.

July 11, 1972.

Attorney(s) appearing for the Case

Daniel M. Dibble, Kansas City, Mo., for plaintiff.

F. Philip Kirwan, and R. W. Mason, Jr., Margolin & Kirwan, Kansas City, Mo., for defendant.

John C. Thurlo, Swanson, Midgley, Jones, Eager & Gangwere, Don M. Jackson, Kansas City, Mo., for third-party defendant.

MEMORANDUM AND ORDER GRANTING JUDGMENT IN FAVOR OF THIRD PARTY DEFENDANT AND AGAINST THIRD PARTY PLAINTIFF

ELMO B. HUNTER, District Judge.

This is a diversity action which was originally brought by plaintiff against Merrill Lynch, Pierce, Fenner & Smith, Inc., (Merrill Lynch) a stock brokerage firm, to recover damages for the conversion and sale of certain shares of common stock owned by plaintiff individually...

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