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LIMBAUGH v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 85-7408.

784 F.2d 1086 (1986)

Carl M. LIMBAUGH, Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 18, 1986.

Attorney(s) appearing for the Case

Leo Costello, Costello & Stott, Thomas E. Mitchell, Birmingham, Ala., for plaintiff-appellant.

Maynard, Cooper, Frierson & Gayle, Birmingham, Ala., A. Inge Selden, Birmingham, Ala., for defendants-appellees.

Before JOHNSON and HATCHETT, Circuit Judges, and ALAIMO, Chief District Judge.

ALAIMO, Chief District Judge:

In its second appearance before this Court,1 this case presents a question concerning Alabama damages law. The district court granted summary judgment in favor of Merrill Lynch on the basis that appellant Limbaugh had not demonstrated any actual injury and, hence, was not entitled to recover either compensatory or punitive damages under Alabama law. We AFFIRM.

I.

This is a diversity suit...

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