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BIROTTE v. MERRILL LYNCH, PIERCE, FENNER & SMITH

Civ. A. No. 78-469.

468 F.Supp. 1172 (1979)

Andre BIROTTE, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a Corporation authorized to do business in the State of New Jersey, and Frank J. Fierro, Defendants.

United States District Court, D. New Jersey.

April 11, 1979.

Attorney(s) appearing for the Case

Blume & Weiseman by Clark Alpert, Newark, N. J., for plaintiff.

Moore & Howell by John L. Moore, Morristown, N. J., for defendants.

OPINION

MEANOR, District Judge.

Presently before the court are motions by the defendants for a partial summary judgment or, alternatively, to dismiss certain counts of the complaint for failure to state a claim upon which relief can be granted.

INTRODUCTION

On January 17, 1977, plaintiff filed Civil Action No. 77-105 in this court. The matter was assigned to Judge Frederick B. Lacey. After the case had been pretried before U. S. Magistrate...

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