No. CA 82-4521.

709 F.2d 605 (1983)

LEBOCE, S.A., a Luxembourg corporation, Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a corporation, and Does I—XX, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1983.

Attorney(s) appearing for the Case

Ed. W. Hendren, James H. Pooley, Mosher, Pooley, Sullivan & Hendren, Palo Alto, Cal., for plaintiff-appellant.

James Hughes, W. Reece Bader, Orrick, Herrington & Sutcliffe, San Francisco, Cal., for defendants-appellees.

Before WRIGHT, CANBY, and BOOCHEVER, Circuit Judges.

CANBY, Circuit Judge.

Leboce, a Luxembourg investment holding company, placed an order with the San Jose, California, office of Merrill Lynch to sell Leboce's holdings of 44,000 shares of American Microsystems, Inc., a stock traded over-the-counter. The account executive handling Leboce's account, after communicating the order through channels to Merrill Lynch's New York office, accepted Merrill Lynch's own trading department's offer for the shares without knowing...

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