MARKOWITZ v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 82 Civ. 5735(MEL).

579 F.Supp. 124 (1984)

Stanley MARKOWITZ, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Amin Soorty and Richard G. Freeburg, Defendants.

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

January 24, 1984.


Attorney(s) appearing for the Case

Kraver & Martin, New York City, for plaintiff; Richard M. Kraver, Lewis S. Fischbein, New York City, of counsel.

William T. Marshall, Jr., Jeffrey T. Letzler, New York City, for defendants.


LASKER, District Judge.

This case concerns application of the antifraud provisions of the Commodity Exchange Act ("CEA"). Defendants have developed alternative theories of relief in support of their motions to dismiss and for summary judgment pursuant to Rules 12(b) and 56 of the Federal Rules of Civil Procedure. Plaintiff has brought a Rule 56 cross-motion for summary judgment based upon the doctrine of collateral estoppel. For the reasons described below, the complaint...

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