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SIMMONS v. MERRILL, LYNCH

No. 35792.

53 Ohio App. 2d 91 (1977)

SIMMONS, APPELLANT, v. MERRILL, LYNCH, PIERCE, FENNER & SMITH, APPELLEE.

Court of Appeals of Ohio, Cuyahoga County.

Decided July 14, 1977.

Attorney(s) appearing for the Case

Mr. Milton L. Simmons, for appellant.

Messrs. Thompson, Hine & Flory and Mr. Daniel W. Hammer, for appellee.

JACKSON, J.

The appellant, Milton L. Simmons, filed suit against the appellee, Merrill, Lynch, Pierce, Fenner & Smith, on June 30, 1970. The complaint alleged two causes of action, one in negligence and one in fraud, in connection with the short sale1 of 400 shares of common stock in Armstrong Cork.

The record reveals that on May 22, 1970, an employee of appellee advised the appellant to sell Armstrong Cork short. On the basis...

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