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FRYLING v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 77-3088.

593 F.2d 736 (1979)

Edgar C. FRYLING and Onie Fryling, Plaintiffs-Appellants, v. MERRILL LYNCH, PIERCE, FENNER & SMITH INC. and William Roebuck, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 27, 1979.

Attorney(s) appearing for the Case

Frederick F. Stannard, Scottsdale, Ariz., for plaintiffs-appellants.

David J. Young, Dunbar, Kienzle & Murphey, Columbus, Ohio, for defendants-appellees.

Before LIVELY and ENGEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

HARRY PHILLIPS, Senior Circuit Judge.

This appeal involves an effort to invoke federal securities laws to protect an investor from his own unorthodox and high-risk investment philosophy and practices.

Appellants Edgar C. Fryling and Onie Fryling, husband and wife, filed suit against appellees Merrill Lynch, Pierce, Fenner & Smith, Inc. and William Roebuck, an account executive with Merrill Lynch (hereinafter sometimes jointly referred to as Merrill Lynch...

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