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J.E. HOETGER & CO. v. ASENCIO

Civ. A. No. 82-72798.

558 F.Supp. 1361 (1983)

J.E. HOETGER & CO., a Michigan corporation, Plaintiff, v. Ruben ASENCIO, Jr., individually, and Merrill Lynch, Pierce, Fenner & Smith, Inc., a Delaware corporation, jointly and severally, Defendants. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a Delaware corporation, Counter-Plaintiff, v. J.E. HOETGER & CO., a Michigan corporation, Counter-Defendant.

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

As Revised March 24, 1983.

Attorney(s) appearing for the Case

Schlussel, Lifton, Simon, Rands, Kaufman, Galvin & Jackier, Elwood S. Simon, Lawrence M. Dudek, Southfield, Mich., for plaintiff.

Butzel, Keidan, Simon, Myers & Graham, Douglas G. Graham, Dennis K. Egan, Detroit, Mich., for defendants.

AMENDED OPINION

FEIKENS, Chief Judge.

On September 7, 1979, plaintiff Hoetger opened a commodity account with defendant Merrill Lynch. This account was serviced by Merrill Lynch's representative, codefendant Ruben Asencio.

Hoetger is claiming, inter alia, that Asencio failed to register as an associated person, as is required by 7 U.S.C. § 6k (§ 6k) of the Commodity Exchange Act (CEA), and that defendants breached their duty to find...

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