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

No. 73-1915. Summary Calendar.

488 F.2d 75 (1973)

Phillip H. MANN, Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER AND SMITH, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 7, 1973.

Attorney(s) appearing for the Case

David Goldman, Jack Cohen, Miami, Fla., for plaintiff-appellant.

Wm. R. Dawes, Judith S. Waldman, Miami, Fla., for defendant-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

Appellant Mann questions whether the doctrine of res judicata was a proper predicate for the dismissal of his diversity complaint in the District Court.

The First Suit. In 1971, Mann filed a complaint against Merrill Lynch alleging wrongs sounding in contract essentially the same as those claimed in the present case. In March of that year, his complaint was dismissed for want of allegations...

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