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

No. 93 C 1221.

835 F.Supp. 406 (1993)

MERRILL LYNCH, PIERCE, FENNER & SMITH INC., a corporation, Plaintiff, v. Edward C. JANA and Lucille Jana, Defendants.

United States District Court, N.D. Illinois, E.D.

September 21, 1993.

Attorney(s) appearing for the Case

Peter A. Cantwell, Stephen Falk Boulton, Cantwell & Cantwell, Chicago, IL, for plaintiff.

Cary Neal Goldberg, Peter Ordower, Ronald Alan Schy, Beigel & Sandler, Chicago, IL, for defendants.

MEMORANDUM OPINION AND ORDER

NORDBERG, District Judge.

Edward C. Jana and his elderly mother Lucille Jana made several investments through Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch"). The Janas invested in a series of limited partnerships that eventually resulted in substantial financial loss and a dispute with Merrill Lynch over who was to bear that loss. Pursuant to customer agreements with Merrill Lynch, the Janas sought to...

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