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M & B CONTRACTING CORP. v. DALE

Civ. A. No. 82-72880.

601 F.Supp. 1106 (1984)

M & B CONTRACTING CORPORATION, a Michigan corporation, Plaintiff, v. David DALE and Merrill, Lynch, Pierce, Fenner & Smith, Inc., a subsidiary of Merrill, Lynch and Company, Inc., a Delaware corporation, jointly and severally, Defendants.

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

November 14, 1984.

Attorney(s) appearing for the Case

Dickinson, Wright, Moon, Van Dusen & Freeman by Robert S. Krause, Robert E. Kinchen, Detroit, Mich., for plaintiff.

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

OPINION

GILMORE, District Judge.

This is an action by M & B Contracting Corporation, ("M & B"), against defendants David Dale ("Dale") and Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch"), claiming violation of various sections of the Securities Acts, 15 U.S.C. § 78j(b), 15 U.S.C. § 77q(a), and rules thereunder, and the rules of the New York Stock Exchange.

Plaintiffs claim defendants: a) totally disregarded the...

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