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XAPHES v. MERRILL, LYNCH, PIERCE, FENNER & SMITH, INC.

No. 80-0132 P.

600 F.Supp. 692 (1985)

John F. XAPHES, Plaintiff, v. MERRILL, LYNCH, PIERCE, FENNER AND SMITH, INC., Tucker Anthony & R.L. Day, Inc. and Mark B. Billings, Defendants.

United States District Court, D. Maine.

January 10, 1985.

Attorney(s) appearing for the Case

John J. O'Leary, Kevin Gordon, Jeffrey D. Curtis, Portland, Me., for plaintiff.

Thomas H. Allen, Jay S. Blumenkopf, Portland, Me., James E. McGuire, Boston, Mass., Thomas Schulten, Thomas Wheatley, Charles Kadish, Portland, Me., for defendants.

MEMORANDUM AND ORDER ON PLAINTIFF'S MOTION IN LIMINE FOR A RULING ON OUTSTANDING LEGAL ISSUES

GENE CARTER, District Judge.

In their trial briefs the parties raised three questions of law which Plaintiff, with this motion, seeks to have resolved before the end of trial. Defendants have no objection to determination of these issues at this time. Although this procedure is unusual, the Court deems it acceptable because the motion raises legal rather than factual...

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