Nos. 77-1957, 78-1855.

703 F.2d 1152 (1981)

Jung Ja MALANDRIS, Plaintiff-Appellee, v. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 4, 1981.

Order on Rehearing March 31, 1983.

Attorney(s) appearing for the Case

William P. Rogers, New York City (Guy C. Quinlan, James N. Benedict, John A. Karaczynski of Rogers & Wells, New York City, and Donald K. Bain and John M. Kobayashi of Holme, Roberts & Owen, Denver, Colo., were also on brief), for defendant-appellant.

William R. Fishman, Denver, Colo. (David H. Drennen of Fishman, Gengler & Geman, P.C., Denver, Colo., was also on brief), for plaintiff-appellee.

J. Conrad Metcalf and William A. Trine, Boulder, Colo., were on brief, for the Colorado Trial Lawyer's Association, as amicus curiae.

Before SETH, Chief Judge, and HOLLOWAY, BARRETT, DOYLE, McKAY, LOGAN and SEYMOUR, Circuit Judges.

Order on Rehearing In Banc March 31, 1983.


The in banc court was unable to reach a majority opinion or judgment for disposition of this appeal.1 Upon being re-polled on the issue of disposition in light of the stalemate, the court, by a vote of four to three,2 determined to sustain the judgment of the panel, but otherwise adheres to the views expressed in the opinions issued...

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