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

No. 75-1002.

525 F.2d 1179 (1975)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellant, v. Larry O. KURTENBACH, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 10, 1975.

Rehearing and Rehearing Denied December 30, 1975.

Attorney(s) appearing for the Case

Eugene Davis, Davis, Cross, Scott & Grace, Des Moines, Iowa, for appellant.

Sherry J. Raduenz, Decorah, Iowa, for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and BRIGHT and ROSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 30, 1975.

VAN OOSTERHOUT, Senior Circuit Judge.

Merrill Lynch, Pierce, Fenner & Smith, Inc., a commodities broker, brought this diversity action to recover balances allegedly due under a commodity account agreement. The trial court entered judgment for plaintiff in the amount of $8,158.75 which represents only a portion of the $14,781.25 allegedly due. Merrill Lynch seeks to appeal such final judgment. We...

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