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LEIB v. MERRILL LYNCH, PIERCE, FENNER & SMITH

Civ. A. No. 5-71591.

461 F.Supp. 951 (1978)

Joel LEIB, Trustee for the benefit of Sheldon Leib, and Sheldon Leib, Plaintiffs, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., and John Kulhavi, Defendants.

United States District Court, E. D. Michigan, S. D.

October 30, 1978.

Attorney(s) appearing for the Case

Harry D. Hirsch, Jr., Southfield, Mich., for plaintiffs.

Douglas G. Graham, Richard P. Saslow, Butzel, Fruhauf, Keidan, Simon Myers & Graham, Detroit, Mich., for Merrill Lynch, etc.

Gerald C. Davis, Cummings, McClorey, Davis & Acho, P.C., Livonia, Mich., for John Kulhavi.

OPINION

FEIKENS, District Judge.

I. INTRODUCTION

In August 1975 Sheldon Leib (Leib, also hereinafter designated as plaintiff) with his brother Joel Leib, as trustee, brought suit against Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) and John Kulhavi (Kulhavi), a stockbroker employed by Merrill Lynch, alleging as his first claim that these defendants "churned" his securities account. Plaintiff also submitted a second claim —...

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