BISSELL v. MERRILL LYNCH & CO., INC.

Docket 96-9137.

157 F.3d 138 (1998)

Louis BISSELL, Jr., on behalf of himself and others similarly situated, Plaintiff-Appellant, v. MERRILL LYNCH & CO., INC. and Merrill Lynch, Pierce, Fenner & Smith, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 29, 1998.


Attorney(s) appearing for the Case

Roger W. Kirby, Kaufman, Malchman, Kirby & Squire, New York City (Ira M. Press, of counsel), for Plaintiff-Appellant.

Henry F. Minnerop, Brown & Wood, New York City (Cathleen M. Tiernan, Laurel J. Southworth, Daniel A. McLaughlin, of counsel), for Defendants-Appellees.

Christopher Paik, Office of Chief Litigation Counsel, Securities & Exchange Commission, Washington, DC, for Amicus Curiae Securities & Exchange Commission.

Before: WINTER, Chief Judge, FEINBERG, and PARKER, Circuit Judges.


RALPH K. WINTER, Chief Judge:

Louis Bissell, Jr. appeals from Judge Schwartz's order denying his motion for class certification and dismissing his complaint for failure to state a claim. See Bissell v. Merrill Lynch & Co., Inc., 937 F.Supp. 237 (S.D.N.Y.1996).

The facts here are identical to those in Levitin v. Painewebber, Inc., 159 F.3d 698, No. 96-7994, 1998 WL 665039...

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