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ESTATE COUNSELING SERVICE v. MERRILL LYNCH, PIERCE, ETC.

No. 6769.

303 F.2d 527 (1962)

ESTATE COUNSELING SERVICE, INC., a corporation, Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

April 9, 1962.

Attorney(s) appearing for the Case

Harley W. Gustin, Salt Lake City, Utah, for appellant.

Earl J. McHugh, of Brown, Wood, Fuller, Caldwell & Ivey, New York City, for appellee.

Before MURRAH, Chief Judge, and PICKETT and HILL, Circuit Judges.

HILL, Circuit Judge.

This action was brought in the court below by appellant, as plaintiff,1 to recover damages for alleged fraud, breach of fiduciary duties in violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78j(b) and Rule X-10B-5 promulgated thereunder. The suit resulted from a transaction involving the purchase of corporate common stock by the plaintiff...

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