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MERRILL LYNCH, PIERCE, FENNER & SMITH v. DEL VALLE

No. 80-3142-CIV-EPS.

528 F.Supp. 147 (1981)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Plaintiff/Counter-Defendant, and Alberto Suarez, Counter-Defendant, v. Reinaldo L. DEL VALLE, Defendant/Counter-Plaintiff.

United States District Court, S. D. Florida, Miami Division.

October 15, 1981.

Attorney(s) appearing for the Case

Bennett Falk, Miami, Fla., for plaintiff/counter-defendant.

Brian F. Spector, Miami, Fla., for defendant/counter-plaintiff.

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART THE COUNTER-DEFENDANTS' MOTION TO DISMISS THE COUNTERCLAIM

SPELLMAN, District Judge.

The complaint in the case at bar seeks to recover a $55,474.57 debit that the Defendant, Reinald L. Del Valle (hereinafter "Del Valle"), incurred by trading in various call options. It is alleged that Del Valle issued two checks, payable to the Plaintiff, Merrill Lynch, Pierce, Fenner & Smith, Inc., (hereinafter...

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