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MERRILL LYNCH, PIERCE, FENNER & SMITH v. BROOKS

No. 76-1462.

548 F.2d 615 (1977)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Plaintiffs-Appellees, v. E. B. BROOKS, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 7, 1977.

Attorney(s) appearing for the Case

B. Thomas McElroy, Peveril O. Settle, III, Dallas, Tex., for defendant-appellant.

Robert G. Vial, Paul D. Schoonover, Dallas, Tex., for plaintiffs-appellees.

Before BROWN, Chief Judge, AINSWORTH, Circuit Judge, and JAMESON, District Judge.

Rehearing and Rehearing En Banc Denied April 7, 1977.

PER CURIAM:

Essentially this case may be summarized as one where a commodities broker extended credit—over-extended that is—to a sophisticated commodity futures investor who at all times possessed knowledge of his deficient margin account status and who now contends he should not be required to pay back any remaining indebtedness because the extension of credit violated a rule or regulation...

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