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M & B CONTRACTING CORP. v. DALE

No. 84-1871.

795 F.2d 531 (1986)

M & B CONTRACTING CORPORATION, a Michigan corporation, Plaintiff-Appellant, v. David DALE and Merrill Lynch, Pierce, Fenner & Smith, Inc., a subsidiary of Merrill Lynch & Co., Inc., a Delaware corporation, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 17, 1986.

Attorney(s) appearing for the Case

Robert S. Krause, Dickinson, Wright, Moon, Van Dusen & Freeman, Detroit, Mich., Robert Kinchen (argued), for plaintiff-appellant.

Douglas G. Graham, Lead Counsel (argued), Butzel, Keidan, Simon, Myers & Graham, Detroit, Mich., Dennis K. Egan, for defendants-appellees.

Before LIVELY, Chief Judge and MERRITT and JONES, Circuit Judges.

LIVELY, Chief Judge.

In this case the plaintiff, M & B Contracting Corporation (M & B), sought damages from Merrill Lynch and its registered representative, David Dale, for alleged violations of federal securities laws. More specifically, the complaint charged Merrill Lynch and Dale with "intentional misrepresentations, omissions, acts, practices and course of dealing [which] constitute violations of § 17(a) of the Securities Act, § 10(b) of the...

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