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WOODRUFF v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. CV88-L-314.

709 F.Supp. 181 (1989)

Foster WOODRUFF, Conservator of the Estate of Reginald D. Woodruff, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant.

United States District Court, D. Nebraska.

January 10, 1989.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith P.C., Arlo Sommervold, Sioux Falls, S.D., and Hecht, Sweet, Alesio, Morrow, Poppe & Otte, P.C., Terrance A. Poppe, Lincoln, Neb., for plaintiff.

Kutak, Rock & Campbell, Lindsey Miller-Lerman and Kathleen M. Quinn, Omaha, Neb., Frank A. Taylor, New York City, for defendant.

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS OR IN THE ALTERNATIVE TO STRIKE AND MAKE MORE DEFINITE AND CERTAIN

URBOM, District Judge.

Foster Woodruff, the personal representative of the estate of Reginald D. Woodruff, filed a complaint alleging that various activities of the defendant violated section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, that they constituted a breach of a fiduciary...

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