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PSG CO. v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

No. 22560.

417 F.2d 659 (1969)

PSG CO., a corporation, and Philip S. Greenberg, Appellants, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 10, 1969.

Attorney(s) appearing for the Case

Gerald J. O'Connor (argued), of Sullivan, Roche, Johnson & Farraher, San Francisco, Cal., Franklin, Olsen, Bennett, Des Brissy & Jolles, Portland, Or., for appellant.

Norman J. Wiener (argued), of King, Miller, Anderson, Nash & Yerke, Portland, Or., for appellee.

Before HAMLEY and BROWNING, Circuit Judges, and REAL, District Judge.

REAL, District Judge:

PSG Co., an Oregon Corporation, and Philip S. Greenberg (hereinafter referred to jointly as appellant) filed a complaint against Merrill Lynch, Pierce, Fenner & Smith, Inc., a Delaware corporation, for breach of an alleged agreement to accept appellant's business of buying and selling commodity futures contracts up to a maximum of 3001 contracts open, praying judgment in the amount of $45,221.68 and punitive damages...

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