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GUTTER v. MERRILL LYNCH, PIERCE, ETC.

Nos. 79-3516, 79-3517.

644 F.2d 1194 (1981)

Philip GUTTER, Plaintiff-Appellant Cross-Appellee, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 3, 1981.

Rehearing and Rehearing Denied May 15, 1981.

Attorney(s) appearing for the Case

Philip Gutter, pro se.

David J. Young, Dunbar, Kienzle & Murphey, Columbus, Ohio, John P. Witten, Columbus, Ohio, for defendant-appellee cross-appellant.

Before MERRITT, BAILEY BROWN and KENNEDY, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 15, 1981.

BAILEY BROWN, Circuit Judge.

I

This case grows out of a series of margin transactions executed by appellee and cross-appellant, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), on behalf of appellant and cross-appellee, Philip Gutter (Gutter), in September and October of 1974. Gutter made a number of short sales and wrote a number of option contracts through his broker Merrill Lynch...

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