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DONATO v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

No. 86 C 9740.

663 F.Supp. 669 (1987)

Gerald DONATO, Joan Donato, Michael Donato and Theresa Donato, Plaintiffs, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., James P. DiDomenico and James Donato, Defendants.

United States District Court, N.D. Illinois, E.D.

June 22, 1987.

Attorney(s) appearing for the Case

Thomas Wolf, Mezzullo McCandlish & Framme, Henry A. Conner, Jr., Richmond, Va., Max Wildman, Cal R. Burnton, Wildman Harrold Allen & Dixon, Chicago, Ill., for plaintiffs.

Robert C. Rice, James E. Farnham, Hunton & Williams, Richmond, Va., Peter R. Sonderby, Janet L. Reali, Chadwell & Kayser, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

This is essentially a securities fraud suit, alleging violations of the 1933 Securities Act, 15 U.S.C. § 77q(a) (1982), the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (1982) and the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-1968 (West Supp. 1987), as well as various pendent common law claims. Plaintiffs Gerald Donato,

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