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FOX v. MERRILL LYNCH & CO., INC.

No. 77 Civ. 5769 (MP).

453 F.Supp. 561 (1978)

James E. FOX, Plaintiff, v. MERRILL LYNCH & CO., INC. and Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Defendants.

United States District Court, S. D. New York.

June 28, 1978.

Attorney(s) appearing for the Case

Avrom S. Fischer, Brooklyn, N.Y., for plaintiff.

Brown, Wood, Ivey, Mitchell & Petty, New York City, by Roger J. Hawke, Thomas J. Mullaney, New York City, for defendants.

DECISION

POLLACK, District Judge.

This is a motion by defendants for a stay of this lawsuit pending an arbitration which has been demanded by defendants.

In this action, plaintiff James E. Fox seeks damages on account of the determination by defendant Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) that Fox has forfeited his right to a pension from Merrill Lynch. Defendants' application...

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