Nos. 88-5496/5520.

906 F.2d 1206 (1990)

Don M. DAVIS, as Executor of the Estate of Ethlyn M. Davis, Appellee/Cross-appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellant/Cross-appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 15, 1990.

Attorney(s) appearing for the Case

Lawrence T. Hofmann, Minneapolis, Minn., for appellant/cross-appellee.

Arlo Sommervold, Sioux Falls, S.D., for appellee/cross-appellant.

Before LAY, Chief Judge, and McMILLIAN and WOLLMAN, Circuit Judges.

McMILLIAN, Circuit Judge.

Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), appeals from a final judgment entered in the United States District Court1 for the District of South Dakota upon a jury verdict awarding Don M. Davis (Davis), as executor of the estate of Ethlyn Davis, $100,000 in compensatory damages and $2,000,000 in punitive damages. For reversal, Merrill Lynch argues that the district court erred in instructing...

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