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GARTENBERG v. MERRILL LYNCH ASSET MANAGEMENT, INC.

Nos. 82 Civ. 8074(MP), 81 Civ. 7021(MP).

573 F.Supp. 1293 (1983)

Irving L. GARTENBERG, Plaintiff, v. MERRILL LYNCH ASSET MANAGEMENT, INC., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Merrill Lynch & Co., and Merrill Lynch Ready Assets Trust, Defendants. Simone C. ANDRE, Plaintiff, v. MERRILL LYNCH READY ASSETS TRUST, Merrill Lynch Asset Management, Inc., Merrill Lynch Funds Distributor, Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch & Co., Inc., Defendants.

United States District Court, S.D. New York.

September 1, 1983.

Attorney(s) appearing for the Case

Pomerantz Levy Haudek & Block by Stanley Grossman, Bruce G. Stumpf, Vincent K. Eng, New York City, for plaintiff Irving L. Gartenberg.

Silverman & Harnes by Sidney B. Silverman, New York City, for plaintiff Simone C. Andre.

Brown, Wood, Ivey, Mitchell & Petty by James K. Manning, A. Robert Pietrzak, New York City, for Merrill Lynch Ready Assets Trust.

Rogers & Wells by James N. Benedict, Stanley Godofsky, New York City, for all other defendants.

DECISION AND OPINION

MILTON POLLACK, District Judge.

The same parties sue, and are sued again, on the same type of claim as was tried at a Bench trial before this Court in 1981, which resulted in a judgment of dismissal on the merits on December 28, 1981 in favor of the defendants, 528 F.Supp. 1038, aff'd 694 F.2d 923 (2d Cir.1982), cert. denied, ___ U.S. ___, 103 S.Ct...

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