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DUNCAN v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 79-3112.

646 F.2d 1020 (1981)

Carl R. DUNCAN, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

June 1, 1981.

Attorney(s) appearing for the Case

George W. Wright, Jr., James W. Crabtree, Miami, Fla., for plaintiff-appellant.

Brown, Wood, Ivey, Mitchell & Petty, E. Michael Bradley, New York City, Walton, Lantaff, Schroeder & Carson, Bennett Falk, Miami, Fla., for defendant-appellee.

Before GODBOLD, Chief Judge, MORGAN and HENDERSON, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

This is an appeal from a district court order granting the defendant's motion to disqualify the law firm representing the plaintiff in a complex securities fraud action. Two questions are presented for our review. First, we must decide whether an order granting a disqualification motion is a "final decision" immediately appealable to this court under 28 U.S.C. § 1291. Finding that such an order is an appealable final decision,...

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