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SEVINOR v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 86-1128.

807 F.2d 16 (1986)

Sheldon J. SEVINOR, et al., Plaintiffs, Appellants, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., and Roger T. Patch, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 18, 1986.

Attorney(s) appearing for the Case

Craig P. Gilmartin, with whom Law Offices of William P. Apostolica, Boston, Mass., was on brief, for plaintiffs, appellants.

Bryan G. Killian, with whom David A. Guberman and Sherin and Lodgen, Boston, Mass., were on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, ALDRICH and TORRUELLA, Circuit Judges.

TORRUELLA, Circuit Judge.

Plaintiffs-appellants Dr. Sheldon J. Sevinor, Plastic Surgery Services, P.C., and Plastic Surgery Services Money Pension Plan and Defined Benefit Pension Plan brought this action below against their former stockbroker Roger T. Patch, and his employer, Merrill Lynch, Pierce, Fenner & Smith, Inc. Plaintiffs' basic claim was for alleged excessive trading or "churning" of their accounts by defendants. Plaintiffs further alleged fraudulent...

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