LEWIS v. OAKLEY

1001847.

847 So.2d 307 (2002)

E. Milton LEWIS III v. W. Lawrence OAKLEY et al.

Supreme Court of Alabama.

October 4, 2002.


Attorney(s) appearing for the Case

Richard Jordan and Ben Locklar of Richard Jordan, Randy Myers, and Ben Locklar, P.C., Montgomery, for appellant.

John A. Henig, Jr., and Shannon L. Holliday of Copeland, Franco, Screws & Gill, P.A., Montgomery, for appellee W. Lawrence Oakley.

Michael K.K. Choy and Michael C. Skotnicki of Haskell, Slaughter, Young & Rediker, L.L.C., Birmingham, for appellee Morgan Stanley Dean Witter.

Lee H. Zell of Balch & Bingham, L.L.P., Birmingham; and W. Joseph McCorkle, Jr., of Balch & Bingham, L.L.P., Montgomery, for appellee Merrill Lynch, Pierce, Fenner & Smith.


HARWOOD, Justice.

As will be explained later in this opinion, the record in this case is peculiarly structured: one of the contracts at issue was presented to the trial judge in an incomplete, truncated fashion. That contract, an executed written instrument that expressly incorporated by reference the rules, constitutions, and bylaws of various securities organizations, was presented to the trial court in such a way as to omit certain relevant rules otherwise due...

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