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

570 S.W.2d 654 (1978)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellant, v. Emby A. McKEEHAN, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied October 3, 1978.

Attorney(s) appearing for the Case

Dennis A. Bradley, Bradley & Emerson, Lexington, for appellant.

Thor H. Bahrman, Corbin, for appellee.

Before COOPER, HOWARD and WILHOIT, JJ.

HOWARD, Judge.

This is an appeal from the Whitley Circuit Court concerning a margin account in the Commodities Market opened by defendant-appellee, Emby A. McKeehan (hereinafter referred to as McKeehan), through plaintiff-appellant, Merrill Lynch, Pierce, Fenner & Smith, Inc. (hereinafter referred to as Merrill Lynch).

Two actions were filed in the court below and consolidated. The complaint filed by McKeehan, alleging fraud and demanding judgment for...

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