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

No. 64 Civ. 1285.

279 F.Supp. 937 (1968)

Burton D. DUNN, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, Defendant.

United States District Court S. D. New York.

February 16, 1968.

Attorney(s) appearing for the Case

Stone, Malone, Driver & McNeill, New York City, for plaintiff; by John F. McNeill, and Henry Stone, New York City, of counsel.

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

MEMORANDUM

POLLACK, District Judge.

This action was brought under the Securities Exchange Act of 1934 and under common law fraud and negligence counts by a customer against his stockbroker. After a verdict of a jury and judgment in its favor, the successful defendant moves for review under Rule 54(d) of the Federal Rules of Civil Procedure of the taxation of costs against the unsuccessful plaintiff as determined by the Clerk of this Court. The unsuccessful...

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