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O'DETTE v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

Civ. A. No. 64-151-C.

247 F.Supp. 561 (1965)

Francis J. O'DETTE, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., and James M. Carroll, Defendants.

United States District Court D. Massachusetts.

November 29, 1965.

Attorney(s) appearing for the Case

Conrad J. Bletzer, Brighton, Mass., for plaintiff.

James C. Heigham, Boston, Mass., for defendants.

CAFFREY, District Judge.

This is a civil action in which the jurisdiction of this court is invoked under the provisions of the Securities Act of 1933, 15 U.S.C.A. 77q, and the Securities Exchange Act of 1934, 15 U.S.C.A. 78j. Plaintiff alleges, and defendants deny, that in the period December 13 to December 17, 1963, defendants, in violation of their fiduciary duty to him, intentionally defrauded him by making false and fraudulent representations of material fact...

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