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MULLIS v. MERRILL LYNCH, PIERCE, FENNER AND SMITH

Civ. No. R-79-172 BRT.

492 F.Supp. 1345 (1980)

Tom N. MULLIS, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER AND SMITH, INC., a Delaware Corporation, Defendant.

United States District Court, D. Nevada.

July 1, 1980.

Attorney(s) appearing for the Case

Howington, Elworth, Osswald & Hough, Robert P. Howington, Jr., Donald C. Shine and Michael H. Moirano, Chicago, Ill., for plaintiff.

Orrick, Herrington, Rowley & Sutcliffe, W. Reece Bader, Steven A. Brick, James Belford Brown, Mary K. McEachron, San Francisco, Cal., and Belford & Semenza, Lawrence J. Semenza, Reno, Nev., for defendant.

MEMORANDUM OPINION AND ORDER

BRUCE R. THOMPSON, District Judge.

This cause is before the Court on the defendant's motion to dismiss Counts I-V of the complaint for failure to state claims upon which relief can be granted and defendant's motion to stay proceedings pending arbitration.

The complaint states seven counts under federal and state securities laws, federal commodities laws and common law dealing with Merrill Lynch's allegedly careless and...

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