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RUPERT v. CLAYTON BROKERAGE CO. OF ST. LOUIS

No. 83CA0576.

705 P.2d 988 (1985)

Patrick A. RUPERT, Plaintiff-Appellee, v. CLAYTON BROKERAGE COMPANY OF ST. LOUIS, INC., a Missouri corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearings Denied April 4, 1985.

Certiorari Granted September 23, 1985.

Attorney(s) appearing for the Case

Keene, Munsinger & Stuckey, Sharon A. Sievers, Stephen M. Munsinger, Denver, for plaintiff-appellee.

Kelly, Haglund, Garnsey & Kahn, Edwin S. Kahn, Denver, for defendant-appellant.

VAN CISE, Judge.

In this action, following a non-jury trial, the court held that defendant, Clayton Brokerage Company of St. Louis, Inc. (Clayton Brokerage), a securities broker, breached its fiduciary duty towards its customer, plaintiff, Patrick A. Rupert. The court then entered judgment in favor of Rupert in the amount of his net trading losses less a release setoff. Clayton Brokerage appeals. We reverse.

Rupert originally sued not only Clayton Brokerage...

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