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FORTNER v. MERRILL LYNCH, PIERCE, ETC.

No. 05-83-00584-CV

687 S.W.2d 8 (1984)

James D. FORTNER, Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied August 16, 1984.

Attorney(s) appearing for the Case

Joe Longley, Austin, for appellant.

Kenneth R. Stein, Dallas, for appellee.

Before STEPHENS, VANCE and ALLEN, JJ.

VANCE, Justice.

This is an appeal from a judgment for fraud rendered in favor of appellee, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) against appellant James D. Fortner. Merrill Lynch, acting as Fortner's broker, made a margin call on Fortner in connection with a series of commodity futures transactions. Fortner gave Merrill Lynch a check for $68,000 to cover the margin call, which was subsequently returned for insufficient funds. Merrill Lynch...

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