FISHER v. DEAN WITTER REYNOLDS, INC.

Civ. A. No. 81-2745.

526 F.Supp. 558 (1981)

Ray S. FISHER v. DEAN WITTER REYNOLDS, INC., et al.

United States District Court, E. D. Pennsylvania.

November 18, 1981.


Attorney(s) appearing for the Case

Joel R. Glucksman, Newark, N.J., Alan A. Turner, Thomas B. Rutter, Ltd., Philadelphia, Pa., for plaintiff.

Jerome R. Richter, Peter J. Boyer, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for defendant Dean Witter Reynolds, Inc.


MEMORANDUM

GILES, District Judge.

Pursuant to Fed.R.Civ.Proc. 12, defendant Dean Witter Reynolds, Inc. ("DWR") has moved to dismiss that portion of the complaint of plaintiff Ray S. Fisher which alleges that defendant has violated the Securities Exchange Act of 1934 ("1934 Act"). Defendant argues that since the losses upon which plaintiff's claims are based arose from commodity, rather than security, transactions, no cause of action exists under the federal...

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