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MERRILL LYNCH, PIERCE, FENNER & SMITH v. BRADLEY

No. 84-1795.

756 F.2d 1048 (1985)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellee, v. Kenneth Dale BRADLEY, Samuel L. Collins, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 21, 1985.

Attorney(s) appearing for the Case

Charles R. Waters, II, Norfolk, Va. (W. David Timberlake, Terence Murphy, Kaufman & Canoles, Norfolk, Va., on brief), and Joel E. Davidson, New York City, for appellants.

Guy R. Friddell, III, Norfolk, Va. (Walter D. Kelley, Jr., Marie L. Achtemeir, Willcox, Savage, Dickson, Hollis & Eley, P.C., Norfolk, Va., on brief), for appellee.

Before PHILLIPS and CHAPMAN, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

CHAPMAN, Circuit Judge:

This expedited appeal involves a dispute between Merrill Lynch, Pierce, Fenner and Smith, Inc. (Merrill Lynch) and one of its former account executives, Kenneth D. Bradley. Merrill Lynch brought this action against Bradley seeking damages as well as injunctive relief to prevent him from using Merrill Lynch's records and soliciting Merrill Lynch's clients. On July 26, 1984, the district court held a hearing on Merrill Lynch's motion for a temporary...

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