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AVERY v. MERRILL LYNCH, PIERCE, FENNER & SMITH

Civ. A. No. 1863-70.

328 F.Supp. 677 (1971)

Helen Jane AVERY, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, Defendant.

United States District Court, District of Columbia.

June 17, 1971.

Attorney(s) appearing for the Case

Chester C. Shore, Washington, D. C., for plaintiff.

James V. Dolan, Washington, D. C., for defendant.

MEMORANDUM-ORDER

GASCH, District Judge.

This is an action for damages for alleged violation of the Securities and Exchange Act of 1934 and the Federal Reserve Board regulations, and rescission of the sale of stock and a return of money on deposit. This matter came on for consideration on the plaintiff's motion for summary judgment.

On May 26, 1970, the defendant, acting as broker for the plaintiff, sold short for the plaintiff 500 shares of Teleprompter...

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