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MACCHIAVELLI v. SHEARSON, HAMMILL & CO., INC.

Civ. No. S-2593.

384 F.Supp. 21 (1974)

Armand MACCHIAVELLI, Plaintiff, v. SHEARSON, HAMMILL & CO., INCORPORATED, a Delaware corporation, Does I through C, Defendant.

United States District Court, E. D. California.

October 15, 1974.

Attorney(s) appearing for the Case

Robert E. Proaps, Jr., Proaps, Gregor & Brophy, Sacramento, Cal., for plaintiff.

Chester A. Skinner and Arthur L. Sherwood, Gibson, Dunn & Crutcher, Los Angeles, Cal., for defendant.

MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

Armand Macchiavelli (hereafter plaintiff) an investor in stocks, files this complaint against Shearson, Hammill & Co. Incorporated (hereafter defendant), a stock brokerage firm and several Does, alleging two causes of action. Initially, it should be noted that there is no provision in the Federal statutes or Federal Rules of Civil Procedure for use of fictitious parties. The Ninth Circuit has consistently rejected...

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