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O'CONNELL v. MERRILL LYNCH, PIERCE, FENNER AND SMITH, INC.

Docket No. 21789.

230 Cal.App.2d 633 (1964)

41 Cal. Rptr. 257

THOMAS J. O'CONNELL, Plaintiff and Appellant, v. MERRILL LYNCH, PIERCE, FENNER AND SMITH, INCORPORATED, Defendant and Respondent.

Court of Appeals of California, First District, Division Two.

November 16, 1964.

Attorney(s) appearing for the Case

Thomas J. O'Connell, in pro. per., for Plaintiff and Appellant.

Long & Levit, Bert W. Levit, David R. Harrison and Dennis M. Day for Defendant and Respondent.

AGEE, J.

Plaintiff appeals from a summary judgment in favor of defendant. The facts set forth in the following paragraph are not in dispute.

Defendant is a stockbroker with whom plaintiff maintained a margin account; in early August 1960* defendant sold short for plaintiff's account 4,000 shares of Studebaker-Packard common stock at $8.50 to $8.625 per share; on August 17 the price...

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