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FOLLANSBEE v. DAVIS, SKAGGS & CO., INC.

Nos. 81-4187, 81-4202.

681 F.2d 673 (1982)

Merrill M. FOLLANSBEE, Plaintiff-Appellee, v. DAVIS, SKAGGS & CO., INC., a Delaware Corporation, and Chester T. Bjerke, Jr., Defendants-Appellants. Merrill M. FOLLANSBEE, Plaintiff-Appellant, v. DAVIS, SKAGGS & CO., INC., a Delaware Corporation, and Chester T. Bjerke, Jr., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 16, 1982.

Rehearing and Rehearing Denied September 9, 1982.

Attorney(s) appearing for the Case

Eric G. Wallis, Jay R. Martin, Crosby, Heafey, Roach & May, Oakland, Cal., for Davis, Skaggs & Co.

Thomas C. Perkins, Sacramento, Cal., for Follansbee.

Before HAYNSWORTH, Senior Circuit Judge, and CHOY and SCHROEDER, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 9, 1982.

HAYNSWORTH, Senior Circuit Judge:

In September, 1975 Follansbee filed this action against Davis, Skaggs & Co. and Chester Bjerke, a broker employed by Davis, Skaggs, for churning his securities account and for making investments that were unsuitable for him. Following a trial before the court, the district court found for Follansbee on his churning claim and for the defendants on the unsuitability...

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