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McMILLAN v. E. F. HUTTON & COMPANY, INC.

No. C-74-944 ACW.

399 F.Supp. 1153 (1975)

Linda M. McMILLAN, an Individual, Plaintiff, v. E. F. HUTTON & COMPANY, INC., a corporation, et al., Defendants.

United States District Court, N. D. California.

September 10, 1975.

Attorney(s) appearing for the Case

William H. Bachrach, Oakland, Cal., for plaintiff.

Peter J. Benvenutti, Dinkelspiel & Dinkelspiel, San Francisco, Cal., for defendants.

ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT

WOLLENBERG, District Judge.

This is a "churning" case in which Plaintiff claims her stock broker bought and sold shares for her account without regard to the value of the transactions and for the purpose of generating commissions for the broker. Plaintiff moves for summary judgment on her state law claims of fraud, constructive fraud and negligence, and on her federal claim under Rule 10b-5 promulgated by the Securities...

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