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KELLEY INV. CO. v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

No. 18718.

386 F.2d 595 (1967)

KELLEY INVESTMENT CO., a Co-Partnership, Robert L. Kelley, Frances J. Kelley, Gary L. Kelley, Adeline G. Cressy, and Adeline G. Cressy, Trustee, Appellants, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, Appellee.

United States Court of Appeals Eighth Circuit.

November 29, 1967.

Attorney(s) appearing for the Case

Wm. E. Morrow, Jr., of Miller, Morrow & Woodward, Omaha, Neb., for appellant.

Norman Krivosha, of Ginsburg, Rosenberg, Ginsburg & Krivosha, for appellee; Herman Ginsburg, of Ginsburg, Rosenberg, Ginsburg & Krivosha, Lincoln, Neb., on the brief.

Before MEHAFFY and GIBSON, Circuit Judges, and STEPHENSON, District Judge.

MEHAFFY, Circuit Judge.

Merrill Lynch, Pierce, Fenner & Smith, Incorporated, appellee, brought suit against Kelley Investment Co., a Nebraska partnership, to recover losses sustained as a result of the latter's trading in the commodity market. Two separate causes of action were alleged and trial to a jury resulted in a verdict and finding in favor of Merrill Lynch. The judgment stemming from the second cause of action, growing out of a joint adventure account...

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