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LEFKOWITZ v. SMITH BARNEY, HARRIS UPHAM & CO.

No. 86-1329.

804 F.2d 154 (1986)

Bertram LEFKOWITZ, etc., Plaintiff, Appellant, v. SMITH BARNEY, HARRIS UPHAM & CO., INC., and Henry N. Fishburne, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 17, 1986.

Attorney(s) appearing for the Case

Michael C. Gilleran and Schultz & Bednarz, P.C., Boston, Mass., on brief, for plaintiff, appellant.

Gerald F. Rath, James P. Delphey, Bingham, Dana & Gould, Boston, Mass., Henry Lukas, David Levy and Smith Barney, Harris Upham & Co., Inc., New York City, on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, COFFIN and BREYER, Circuit Judges.

PER CURIAM.

Appellant Lefkowitz, personal representative of the estate of Julius Melnick, appeals an order of the district court dismissing the remaining three counts of his second amended complaint against appellees Smith Barney, Harris Upham & Co. ("Smith Barney") and Henry Fishburne pursuant to Fed.R.Civ.P. 12(b)(6) and 9(b). The complaint alleges that appellees failed to disclose the unsuitability of investments in...

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