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

No. 17136.

410 F.2d 135 (1969)

Donald W. BUTTREY, Trustee in Bankruptcy for Dobich Securities Corporation, Plaintiff-Appellee, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

April 17, 1969.

Attorney(s) appearing for the Case

James A. McDermott, Thomas M. Scanlon, Alan W. Boyd, Indianapolis, Ind., for defendant-appellant, Barnes, Hickam, Pantzer & Boyd, Indianapolis, Ind., of counsel.

Frank M. McHale, William F. Welch, John I. Bradshaw, Jr., Alan I. Klineman, James M. Klineman, Indianapolis, Ind., for plaintiff-appellee, McHale, Cook & Welch, Indianapolis, Ind., Klineman, Rose & Wolf, Indianapolis, Ind., of counsel.

Before CASTLE, Chief Judge, and SWYGERT and CUMMINGS, Circuit Judges.

CUMMINGS, Circuit Judge.

This appeal under 28 U.S.C. § 1292(b) involves the question whether defendant was entitled to summary judgment with respect to Counts I, II and III of the complaint. We approve of the district court's action in overruling the defendant's motion for summary judgment.

Plaintiff is the trustee in bankruptcy for Dobich Securities Corporation ("the bankrupt") which had engaged in the sale of securities as a dealer licensed by the State...

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