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MILLS v. MERRILL LYNCH, PIERCE, FENNER & SMITH

Nos. 82-1528, 82-1529.

703 F.2d 305 (1983)

Joel F. MILLS, Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellee. Dewey F. WEAVER, Sr., Appellant, Dewey F. Weaver, Jr., v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 30, 1983.

Attorney(s) appearing for the Case

E.C. Gilbreath, Mark A. Moll, Jones, Gilbreath & Jones, Fort Smith, Ark., for appellants.

James F. Dickson, Putman, Gallman & Dickson, Fayetteville, Ark., for appellee.

Before ROSS, Circuit Judge, HENLEY, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

ROSS, Circuit Judge.

Joel Mills was a commodity customer of Merrill Lynch in Fayetteville, Arkansas. A dispute arose between Mills and Merrill Lynch when Mills' broker, an employee of Merrill Lynch, called to inform Mills that he had a margin call. Mills disputed the call but offered to meet it by depositing the necessary funds. Instead of responding to Mills' offer, Merrill Lynch liquidated Mills' account. Subsequent negotiations...

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