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BUDER v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 80-1162.

644 F.2d 690 (1981)

G. A. BUDER, III; Christy L. Buder; G. A. Buder, IV; M. Leslie Buder and G. A. Buder, III; as next friend for his minor child, Douglas L. Buder, Appellants, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, and Ray Dusek, Jr., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 19, 1981.

Rehearing and Rehearing Denied April 17, 1981.

Attorney(s) appearing for the Case

Lashly, Caruthers, Thies, Rava & Hamel, A Professional Corp., Charles E. Valier, Judson W. Calkins, St. Louis, Mo., for plaintiffs-appellants.

John J. Cole, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for defendants-appellees.

Before HEANEY, ADAMS, and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 17, 1981.

HEANEY, Circuit Judge.

G. A. Buder, III, and four of his children, commenced this action on June 13, 1977, alleging that Merrill Lynch, Pierce, Fenner & Smith, Inc., and Ray Dusek, one of its brokers, committed various federal securities acts' violations. The primary securities provisions on which plaintiffs rely are section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)) and...

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