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LEVINE v. J. N. RUSSELL & CO.

Civ. No. C 68-730.

318 F.Supp. 1162 (1969)

Louis LEVINE, Plaintiff, v. J. N. RUSSELL & CO., Inc., Defendant.

United States District Court, N. D. Ohio, E. D.

December 11, 1969.

Attorney(s) appearing for the Case

Wm. B. Webber, Robert W. Boughton, Roemisch & Wright, Cleveland, Ohio, for plaintiff.

Richard J. Cusick, Jr., A. A. Sommer, Jr., Calfee, Halter, Calfee, Griswold & Sommer, Cleveland, Ohio, for defendant.

MEMORANDUM AND ORDER RE: MOTION TO DISMISS

KALBFLEISCH, District Judge.

This action is one wherein plaintiff seeks to recover damages alleged to have resulted from defendant's violation of Sections 7 and 10 of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78g and 78j) and from breach of the fiduciary duty which defendant as a broker-dealer owed to the plaintiff as its customer. Defendant has moved to dismiss the complaint for failure to state...

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