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McCURNIN v. KOHLMEYER & COMPANY

Civ. A. No. 71-2138.

347 F.Supp. 573 (1972)

Leo P. McCURNIN, Jr., Plaintiff, v. KOHLMEYER & COMPANY and Jack D. Drake, Defendants.

United States District Court, E. D. Louisiana.

August 17, 1972.

Attorney(s) appearing for the Case

Peter G. Burke, Paul M. Haygood, New Orleans, La., for plaintiff.

Charles Kohlmeyer, Jr., Earl S. Eichin, Jr., New Orleans, La., for defendants.

ALVIN B. RUBIN, District Judge:

McCurnin, a businessman, placed an order with Kohlmeyer, a stock and commodities broker, through Drake, Kohlmeyer's customer's representative, to buy 15 contracts for cotton futures at a price not to exceed 33.30 per pound. Later the same day, in violation of his instructions, Drake cancelled the orders that he had entered at 33.30, and placed new orders at a price of 34.10. The orders were executed at that price. Drake did this under...

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