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FRENCH v. MERRILL LYNCH, PIERCE, FENNER & SMITH

Nos. 85-1653, 85-1702.

784 F.2d 902 (1986)

James FRENCH, Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a corporation, Defendant-Appellee. R. James FRENCH, Plaintiff-Appellee, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 6, 1986.

Attorney(s) appearing for the Case

Robert Charles Friese, Anthony B. Leuin, Shartsis, Friese & Ginsburg, San Francisco, Cal., for plaintiff-appellant.

W. Reece Bader, William Riley, Anne Bookin, Orrick, Herrington & Sutcliffe, San Francisco, Cal., for defendant-appellee.

Before GOODWIN, NELSON and CANBY, Circuit Judges.

NELSON, Circuit Judge:

This appeal stems from a decision rendered by a duly constituted Arbitration Panel ("Panel") of the Pacific Stock Exchange ("PSE"), holding Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch") liable to R. James French ("French"), for negligent misrepresentation in connection with French's sale of option contracts to a Merrill Lynch broker. The Panel awarded French compensatory damages of $52,925.00, interest on that award, and...

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