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SIMON v. MERRILL LYNCH, PIERCE, FENNER AND SMITH, INC.

No. 72-2905.

482 F.2d 880 (1973)

James SIMON, Individually and as representative of a Class, etc., Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER AND SMITH, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 30, 1973.

Attorney(s) appearing for the Case

G. Lee Hart, Dallas, Tex., William H. Merrill, Detroit, Mich., A. Joe Fish, William A. McKenzie, Dallas, Tex., for plaintiff-appellant.

Frank Finn, Jr., Jerry L. Buchmeyer, Dallas, Tex., Brown, Wood, Fuller, Caldwell & Ivey, New York City, Erwin S. Simon, Detroit, Mich., Henry F. Minnerop, Richard Conway Casey, New York City, for defendant-appellee.

Before BELL, INGRAHAM and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 30, 1973.

RONEY, Circuit Judge:

James Simon appeals from a judgment for defendant Merrill Lynch, Pierce, Fenner and Smith, Inc., in a suit for damages resulting from alleged common law fraud and negligence and for non-disclosure violations of the Securities Exchange Act of 1934. 15 U.S.C.A. §§ 78j and 78o(c)(1), 17 C.F.R. § 240.10b-5. After a complicated...

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