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BRENNER v. OPPENHEIMER & CO.

No. 87,452.

273 Kan. 525 (2002)

44 P.3d 364

DANIEL BRENNER and ROGER KLEIN, Appellants, v. OPPENHEIMER & CO., INC., Appellees.

Supreme Court of Kansas.

Opinion filed April 19, 2002.

Attorney(s) appearing for the Case

Joseph C. Long, of Norman, Oklahoma, argued the cause, and Diane A. Nygaard, Robert R. Barton, and Robin R. LaFollette, of The Nygaard Law Firm, of Kansas City, Missouri, were with him on the briefs for appellants.

Tracy J. Cowan, of Thompson Coburn LLP, of St. Louis, Missouri, argued the cause, and David Wells, of the same firm, and James J. Cramer, of Payne & Jones Chartered, of Overland Park, were with him on the brief for appellees.

The opinion of the court was delivered by

ABBOTT, J.:

Appellants Roger Klein and Daniel Brenner opened brokerage accounts with L.T. Lawrence, a company based in New York now in bankruptcy. Klein managed both accounts. Oppenheimer & Co., Inc. (Oppenheimer), a clearing brokerage, cleared trades for L.T. Lawrence, which had no authority to clear trades itself. L.T. Lawrence sold unregistered securities through Oppenheimer to Klein and Brenner, and Klein and...

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