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BROADCORT CAPITAL CORP. v. SUMMA MEDICAL CORP.

No. 91-2160.

972 F.2d 1183 (1992)

BROADCORT CAPITAL CORPORATION, Plaintiff-Appellee, v. SUMMA MEDICAL CORPORATION, a New Mexico corporation, Defendant/Third-Party Plaintiff-Appellant, v. MERRILL, LYNCH, PIERCE, FENNER & SMITH, INC., a Delaware corporation, Third-Party Defendant.

United States Court of Appeals, Tenth Circuit.

August 17, 1992.

Attorney(s) appearing for the Case

Michael E. Vigil, of Marchiondo, Vigil & Voegler, P.A., Albuquerque, N.M., for the defendant/third-party plaintiff-appellant.

Robert M. St. John (Rex D. Throckmorton and Edward Ricco of Rodey, Dickason, Sloan, Akin & Robb, P.A., with him on the brief), of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, N.M., for the plaintiff-appellee and third-party defendant-appellee.

Before SEYMOUR and TACHA, Circuit Judges, and BENSON, District Judge.

TACHA, Circuit Judge.

Appellant Summa Medical Corporation (Summa) appeals from a jury verdict in favor of appellee Broadcort Capital Corporation (Broadcort). On appeal, Summa raises nine issues: (1) whether Broadcort proved a prima facie case; (2) whether Broadcort had standing to sue; (3) whether error was committed in dismissing Summa's third-party complaint against Merrill, Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) because of a failure of proof; ...

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