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CARRAS v. BURNS

No. 74-1224.

516 F.2d 251 (1975)

Helen C. CARRAS and Bill G. Carras, Co-Executors of the Estate of Gus N. Carras, Deceased, Appellants, v. James S. BURNS, Jr., et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 6, 1975.

Attorney(s) appearing for the Case

W. Faison Barnes, Charlotte, N. C. (Anne King and Barnes, Junker & King, Charlotte, N. C., on brief), for appellants.

A. Ward McKeithen, Charlotte, N. C. (William T. Graves, Fleming, Robinson & Bradshaw, Charlotte, N. C., on brief), for appellees.

Before BOREMAN, Senior Circuit Judge, BUTZNER, Circuit Judge, and THOMSEN, Senior District Judge.

BUTZNER, Circuit Judge:

Bill and Helen Carras, executors of their father's estate, appeal from a judgment in their favor for $56,000 in a suit they brought against Merrill Lynch, Pierce, Fenner & Smith and two of its employees to recover compensatory and punitive damages for losses to a margined securities account. Their claim has five elements: (1) violation of § 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5; (2) churning; (3) pendant charges...

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