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BELKE v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 77-2837-CIV-JCP.

518 F.Supp. 602 (1981)

Margaret K. BELKE, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.; Frank Utermehle; Norbert Fischer; Edward C. Weizer, G. William Rolls and Leigh Rolls, Defendants.

United States District Court, S. D. Florida.

July 10, 1981.

Attorney(s) appearing for the Case

Lewis Brown, Miami, Fla., for plaintiff.

Bennett Falk, Miami, Fla., John G. Shiley, Coral Gables, Fla., for defendants.

ORDER

PAINE, District Judge.

At the inception of this case plaintiff's complaint sought relief for damages under both Federal Securities Law and state common law. A summary judgment was granted which dismissed all the federal claims leaving only the common law causes of action. The dismissal of the federal claims prompted the filing of two motions which are now before the Court.

I. Motion for summary judgment filed October 5, 1979 by defendants Utermehle...

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