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  5. 649 F.2d 641 (1980)
 

ROBUCK v. DEAN WITTER & CO., INC.

Nos. 77-1841, 77-1842.

649 F.2d 641 (1980)

John D. ROBUCK, Appellant, v. DEAN WITTER & CO., INC., a corporation, Appellee. John D. ROBUCK, Appellant, v. DEAN WITTER & CO., INC., a corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

March 7, 1980.

Attorney(s) appearing for the Case

C. Edward Simpson, Jones, Bell & Simpson, Los Angeles, Cal., for appellee.

Before GOODWIN and KENNEDY, Circuit Judges, and HILL, District Judge.

GOODWIN, Circuit Judge:

An investor disappointed by events that wiped out his margin account sued his investment advisor, Dean Witter, for damages. The district court held the action barred by California's statute of limitations and not proved on the merits. This appeal challenges both rulings.

In October of 1968, Robuck, the investor, told Thompson, an account executive with Dean Witter, that he wanted to make a...

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