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PONCY v. SHEARSON LEHMAN BROTHERS

No. 88-0271.

548 So.2d 1196 (1989)

George William PONCY, Jr., and Susan T. Poncy, Appellants, v. SHEARSON LEHMAN BROTHERS, INC., a Delaware Corporation, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

September 27, 1989.

Attorney(s) appearing for the Case

Donald J. Freeman of Beverly and Freeman, West Palm Beach, for appellants.

Richard E. Brodsky of Paul, Landy, Beiley and Harper, P.A., Miami, for appellees.

PER CURIAM.

This is an appeal from the dismissal of a complaint because of the lack of state jurisdiction over the claims. At issue on appeal is whether the Commodity Exchange Act (CEA) preempts the Poncys' common law and statutory actions. We hold that it does not.

The Poncys filed a complaint against Shearson and two of its employees, seeking damages based on common law negligence, common law breach of fiduciary duty and violations of section 517.301, Florida...

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