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ST. LOUIS U. TR. CO. v. MERRILL LYNCH, PIERCE, ETC.

No. 73 C 373 (1).

412 F.Supp. 45 (1976)

ST. LOUIS UNION TRUST COMPANY, a corporation, et al., Plaintiffs, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, a corporation, et al., Defendants.

United States District Court, E. D. Missouri, E. D.

March 24, 1976.

Attorney(s) appearing for the Case

Veryl L. Riddle, William H. Charles, John J. Hennelly, Jr., Bryan, Cabe, McPheeters & McRoberts, St. Louis, Mo., for plaintiffs.

John J. Cole, Thomas E. Wack, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., James B. May, Roger J. Hawke, Brown, Wood, Ivey, Mitchell & Petty, New York City, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

MEREDITH, Chief Judge.

This matter was tried to the Court without a jury. The Court has been duly informed by briefs, exhibits, depositions, and testimony.

Findings of Fact

1. Plaintiffs are the executors of the estate of Kenneth H. Bitting, deceased, and all are citizens of the State of Missouri.

2. Defendant Merrill Lynch, Pierce, Fenner & Smith, Incorporated (Merrill Lynch),...

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