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DYER v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

No. 90-1078.

928 F.2d 238 (1991)

Robert S. DYER, Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 27, 1991.

As Amended April 18, 1991.

Attorney(s) appearing for the Case

Virginia B. Fischer, Gordon Dempsey, Sutherlin & Dempsey, Indianapolis, Ind., for plaintiff-appellant.

Anne N. DePrez, Edward O. Delaney, Barnes & Thornburg, Indianapolis, Ind., for defendant-appellee.

Before BAUER, Chief Judge, CUMMINGS, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

CUMMINGS, Circuit Judge.

In September 1988, plaintiff Robert S. Dyer filed his first amended complaint against the brokerage firm of Merrill Lynch, Pierce, Fenner & Smith, Incorporated, and Dr. I. Jerome Regenstrief, a Merrill Lynch associate and an ophthalmologist. This pleading was separated into five counts, the latter four alleging violations of state law.

Count I relied on 28 U.S.C. § 1331 for federal question jurisdiction and § 1332 for...

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