WOLF v. GRUNTAL & CO., INC.

No. 94-1658.

45 F.3d 524 (1995)

Kenneth P. WOLF, Plaintiff, Appellant, v. GRUNTAL & CO., INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 25, 1995.


Attorney(s) appearing for the Case

George S. Isaacson, with whom Brann & Isaacson and Peter D. Lowe, Lewiston, ME, were on brief for appellant.

Joseph P. Moodhe, New York City, with whom Debevoise & Plimpton, Ariadne D. Makris, Washington, DC, John P. McVeigh, Preti, Flaherty, Beliveau & Pachios, Portland, ME and Lionel G. Hest, New York City, were on brief for appellee.

Before CYR and STAHL, Circuit Judges, and DiCLERICO, District Judge.


CYR, Circuit Judge.

Plaintiff Kenneth P. Wolf appeals a summary judgment order dismissing his Rule 10b-5 claim against defendant-appellee Gruntal & Co. ("Gruntal"), a securities brokerage firm, for fraudulently mismanaging Wolf's investment accounts in violation of Section 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78j(b). As the district court erred in ruling that Wolf's claim was precluded by an earlier arbitral award, we vacate the judgment...

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