STERN v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 78-1377.

603 F.2d 1073 (1979)

Samuel STERN, Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 16, 1979.


Attorney(s) appearing for the Case

Donovan M. Hamm, Jr., Baltimore, Md. (Peter H. Gunst, Frank, Bernstein, Conaway & Goldman, Baltimore, Md., on brief), for appellant.

David F. Albright, Baltimore, Md. (Richard M. Kremen, Christopher R. West, Semmes, Bowen & Semmes, Baltimore, Md., on brief), for appellee.

James H. Schropp, Asst. Gen. Counsel, Washington, D. C. (Harvey L. Pitt, Gen. Counsel, Paul Gonson, Associate Gen. Counsel, Theodore S. Bloch, Atty., Washington, D. C., on brief), for amicus curiae Securities and Exchange Commission.

Neal L. Petersen, Gen. Counsel, Laura M. Homer, Chief Atty., John J. Sullivan, Atty., Securities Regulation, Div. of Banking Supervision and Regulation, Washington, D. C., on brief, for amicus curiae The Bd. of Governors of the Federal Reserve System.

Before BUTZNER, RUSSELL and WIDENER, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

This is a suit by a disappointed long-time speculator to recoup, under federal security laws, from his broker the losses sustained by him as a result of certain option purchases made entirely on the speculator's own independent responsibility against the positive advice of the broker's representative. The plaintiff-investor has stated in separate counts of his amended complaint a number of grounds for recovery, only one of which is pertinent...

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