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AUSTIN v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. G83-8 Ca7.

570 F.Supp. 667 (1983)

John H. AUSTIN and Velma M. Austin, Plaintiffs, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Kidder, Peabody & Company, Inc., and Ronald J. ("Bud") Abbott, Defendants.

United States District Court, W.D. Michigan, S.D.

September 13, 1983.

Attorney(s) appearing for the Case

Ronald R. Pentecost, Fraser, Trebilcock, Davis & Foster, Lansing, Mich., for plaintiffs.

J.A. Cragwall, Jr., Warner, Norcross & Judd, Grand Rapids, Mich., for Kidder, Peabody and Abbott.

Jack J. Mazzara, Butzel, Keidan, Simon, Myers & Graham, Detroit, Mich., for Merrill Lynch.

OPINION

BENJAMIN F. GIBSON, District Judge.

This action arises out of the relationship between the plaintiffs and the defendants during which defendant Abbott, an agent of first Merrill Lynch and then Kidder Peabody, allegedly committed numerous violations of federal and state securities laws to the detriment of the plaintiffs. Basically, as alleged in paragraph 5 of the complaint: "During a period beginning...

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