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STARKENSTEIN v. MERRILL LYNCH PIERCE FENNER & SMITH INC.

No. 81-298-Orl-Civ-R.

572 F.Supp. 189 (1983)

William L. STARKENSTEIN, Plaintiff, v. MERRILL LYNCH PIERCE FENNER & SMITH INC., Robert A. Clair and Ralph Dudley, Defendants.

United States District Court, M.D. Florida, Orlando Division.

As Amended October 13, 1983.

Attorney(s) appearing for the Case

Robert Dyer, of Duckworth, Allen, Dyer & Pettis, Orlando, Fla., for plaintiff.

David Hanlon, and David T. Knight, of Shackleford, Farrior, Stallings & Evans, Tampa, Fla., for defendant Merrill Lynch.

Roger Vaughan, of Wagner, Cunningham, Vaughan & McLaughlin, Tampa, Fla., for defendant Robert A. Clair.

William T. Keen, Tampa, Fla., for defendant Ralph Dudley.

MEMORANDUM OF DECISION

JOHN A. REED, Jr., District Judge.

Introduction

Three claims were submitted to the jury. The first claim was the plaintiff's 10b-5 claim based on alleged churning. The second and third claims respectively were pendent claims based on allegations of a breach of fiduciary duty and common law negligence. The defense of estoppel was submitted to the jury only as a defense to the second claim. The jury found against the...

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