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THROPP v. BACHE HALSEY STUART SHIELDS, INC.

No. 79-3625.

650 F.2d 817 (1981)

Phyllis Ann THROPP, Plaintiff-Appellee, v. BACHE HALSEY STUART SHIELDS, INCORPORATED, Defendant-Appellant, v. Jack A. THROPP, Third-Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 27, 1981.

Attorney(s) appearing for the Case

Richard C. Graham, Isaac, Graham & Nester, Frederick M. Isaac, Columbus, Ohio, for defendant-appellant.

Gary D. Greenwald, Schottentein, Gabel, Suedlow & Zox, Columbus, Ohio, for Phyllis Ann Thropp.

Kenneth Gamble, Gamble & Drake, Columbus, Ohio, for third-party defendant-appellee.

Before KENNEDY, BOYCE F. MARTIN, Jr. and JONES, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

Bache, Halsey Stuart Shields, Inc. (Bache) appeals a judgment in favor of Phyllis Thropp for breaches of fiduciary duty and contract, and conversion. Jurisdiction is based on diversity of citizenship and is uncontested. The principal issues on appeal are: 1) whether the District Court erred as a matter of law in concluding that Bache negligently mismanaged Mrs. Thropp's securities account; and 2) whether her claims are barred by...

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