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MODERN SETTINGS, INC. v. PRUDENTIAL-BACHE SECURITIES, INC.

No. 83 Civ. 6291 (RLC).

109 B.R. 605 (1989)

MODERN SETTINGS, INC. and Binder & Binder, as attorneys for Modern Settings, Inc., Plaintiffs, v. PRUDENTIAL-BACHE SECURITIES, INC., Prudential-Bache Metal Co., Inc., Felix McCarthy and Fredric Wasserspring, Defendants.

United States District Court, S.D. New York.

December 5, 1989.

Attorney(s) appearing for the Case

Jaffe and Asher, New York City, for plaintiffs; Peter A. Jaffe, Ira N. Glauber, Richard T. Walsh, of counsel.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendants; John M. Friedman, Jr., Charles Chasin, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

The facts relevant to this case are amply described in the many opinions it has generated,1 and can be briefly stated here. Plaintiff Modern Settings2 was the beneficial owner of a margin account maintained at Prudential-Bache Securities ("PBS"). In the last opinion in this case, Modern Settings, Inc. v. Prudential-Bache Securities, Inc.,

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