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

No. 65 Civ. 1566.

253 F.Supp. 359 (1966)

SINVA, INC., Plaintiff, v. MERRILL, LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, Defendants.

United States District Court S. D. New York.

April 12, 1966.

Attorney(s) appearing for the Case

Jackson, Nash, Brophy, Barringer & Brooks, New York City, for plaintiff; Lawrence P. McGauley, John G. Lipsett, New York City, of counsel.

Brown, Wood, Fuller, Caldwell & Ivey, New York City, for defendant; Richard Conway Casey, New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge:

In this action against a broker for damages arising out of alleged unauthorized transactions in sugar futures contracts for plaintiff's commodity account defendant has moved (1) under 9 U.S.C. § 3 to stay the action pending arbitration; (2) under Rule 12(f), F.R. Civ.P., to strike as immaterial the allegations of the third claim in the amended complaint charging violations of the Securities Act of 1933, and the Securities...

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