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GARY PLASTIC PACKAGING v. MERRILL LYNCH, PIERCE

Nos. 252, 365, Dockets 84-7541, 84-7671.

756 F.2d 230 (1985)

GARY PLASTIC PACKAGING CORPORATION, a New York corporation, for itself and all others similarly situated, Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a Delaware Corporation and Merrill Lynch Money Markets, Inc., a Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 21, 1985.

Attorney(s) appearing for the Case

Guy B. Bailey, Jr., Miami, Fla. (Mercedes C. Busto, Bailey & Dawes, Miami, Fla., of counsel), for plaintiff-appellant.

Henry F. Minnerop, New York City (Brown, Wood, Ivey, Mitchell & Petty, of counsel), for defendants-appellees.

Before NEWMAN, CARDAMONE and DAVIS, Circuit Judges.

CARDAMONE, Circuit Judge:

On this appeal we must determine whether a program devised by defendants Merrill, Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) and its wholly-owned subsidiary, Merrill Lynch Money Markets, Inc. (Money Markets), to sell bank certificates of deposit (CDs) is within the compass of the federal securities law. In Marine Bank v. Weaver, 455 U.S. 551, 102 S.Ct. 1220,

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