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MILEY v. OPPENHEIMER & CO., INC.

No. 79-2099.

637 F.2d 318 (1981)

Lila A. MILEY, Plaintiff-Appellee, v. OPPENHEIMER & COMPANY, INC., Anthony L. Geller and John W. Hamilton, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied April 1, 1981.

Attorney(s) appearing for the Case

William D. Sims, Jr., William M. Parrish, Dallas, Tex., for defendants-appellants.

Daniel L. Penner, Fort Worth, Tex., for plaintiff-appellee.

Before GOLDBERG, POLITZ and SAM D. JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 1, 1981.

GOLDBERG, Circuit Judge:

For as long as investment brokers have been remunerated on a commission basis, the potential has existed for brokers to excessively trade accounts in an effort to generate fees. Not surprisingly, for almost as long a period of time,1 civil suits alleging excessive trading or "churning" in violation of the broker's common law fiduciary duty and the federal...

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