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RAIFORD v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 89-8051.

903 F.2d 1410 (1990)

Morgan B. RAIFORD, Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Thomas F. Morris, Defendants-Appellees. Bernice B. RAIFORD, Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Thomas F. Morris, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 22, 1990.

Attorney(s) appearing for the Case

James A. Parker, Parker and Day, Atlanta, Ga., for plaintiff-appellant.

Paul W. Stivers, Rogers & Hardin, Dan F. Laney, III, Atlanta, Ga., for defendants-appellees.

Before TJOFLAT, Chief Judge, VANCE, Circuit Judge, and ALLGOOD, Senior District Judge.

TJOFLAT, Chief Judge:

On April 8, 1983, appellants, Morgan and Bernice Raiford (the Raifords), filed separate but identical complaints in federal district court alleging that appellees Merrill Lynch, Pierce, Fenner & Smith, Inc. and Thomas Morris (Merrill Lynch)1 had defrauded the Raifords in violation of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (1988), Rule 10b-5, 17 C.F.R. § 240.10b-5 (1988...

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