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MEYER v. THOMAS & McKINNON AUCHINCLOSS KOHLMEYER, INC.

No. 79-4323.

686 F.2d 818 (1982)

Dale F. MEYER, on behalf of himself and all others similarly situated, Plaintiff/Appellant, v. THOMAS & McKINNON AUCHINCLOSS KOHLMEYER, INC., et al., Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn March 25, 1981.

Resubmitted June 2, 1982.

Decided September 9, 1982.

Attorney(s) appearing for the Case

Thomas M. Boehm, Matthews & Marzulla, San Jose, Cal., for plaintiff/appellant.

Jeffrey Kirchman, San Francisco, Cal., Richard S. Burriss, Jones & Burriss, Mountain View, Cal., for defendants/appellees.

Before SKOPIL and POOLE, Circuit Judges, and HALBERT, Senior District Judge.

POOLE, Circuit Judge.

Meyer appeals a summary judgment and dismissal of his complaint against UCA Systems, Inc. (UCA), a commodities advisor, Thomson McKinnon Securities, Inc. (Thomson), a securities and commodities brokerage firm formerly known as Thomson & McKinnon Auchincloss Kohlmeyer, Inc., and two individuals associated with those companies.

Thomson sold Meyer a discretionary commodities trading account that was to be managed by UCA. When the account...

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