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VILLADA v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 77 Civ. 5852.

460 F.Supp. 1149 (1978)

Gabriel VILLADA, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, Defendant.

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

November 20, 1978.

Attorney(s) appearing for the Case

Grandefeld & Goodman, New York City, for plaintiff; Dominick J. Dorata, New York City, of counsel.

Brown, Wood, Ivey, Mitchell & Petty, New York City, for defendant; Roger J. Hawke, of counsel.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

In this action, brought under § 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 of the Securities Exchange Commission, defendant moves pursuant to F.R.C.P. 12(b)(6) to dismiss the complaint for failure to state a claim upon which relief can be granted or, in the alternative, for summary judgment pursuant to Rule 56(b).

Plaintiff's allegations, which must be accepted for the purpose...

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