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BIBBO v. DEAN WITTER REYNOLDS, INC.

No. 97-3538.

151 F.3d 559 (1998)

Randy BIBBO, Plaintiff-Appellant, v. DEAN WITTER REYNOLDS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 5, 1998.

Attorney(s) appearing for the Case

Robert M. Andersen (argued), Edward W. Cochran (briefed), Cochran & Cochran, Shaker Heights, Ohio, for Plaintiff-Appellant.

Richard A. Rosen (briefed), Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Marvin L. Karp (argued and briefed), Michael N. Ungar (briefed), Ulmer & Berne, Cleveland, Ohio, for Defendant-Appellee.

Dennis A. Klejna (briefed), Tegan M. Flynn, Vinson & Elkins, Washington, DC, for Amicus Curiae.

Before: BATCHELDER and COLE, Circuit Judges; McCALLA, District Judge.

COLE, Circuit Judge.

Plaintiff Randy Bibbo appeals the decision of the district court granting Defendant Dean Witter's motion to dismiss Bibbo's complaint pursuant to Fed.R.Civ.P. 12(b)(6). Bibbo brought an action against Dean Witter, alleging that Dean Witter violated Ohio law when it retained interest earned from its investment of Bibbo's money (referred to as "margin money" or "margin funds"), which was kept on deposit...

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