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LACOVARA v. MERRILL LYNCH, PIERCE, FENNER & SMITH

Civ. A. No. 81-4628.

551 F.Supp. 601 (1982)

Nicholas A. LACOVARA v. MERRILL LYNCH, PIERCE, FENNER AND SMITH, INC. and Mid-America Commodity Exchange and Commodity Exchange, Inc.

United States District Court, E.D. Pennsylvania.

November 29, 1982.

Attorney(s) appearing for the Case

Ian Stuart, Philadelphia, Pa., for plaintiff.

Abramson & Fox, Chicago, Ill., Stephen F. Ritner, Philadelphia, Pa., for Mid-America Commodity.

C. Clark Hodgson, Jr., Philadelphia, Pa., for Merrill Lynch.

Joseph A. Torregrossa, Philadelphia, Pa., for Commodity Exchange.

MEMORANDUM

RAYMOND J. BRODERICK, District Judge.

In this diversity action, plaintiff Nicholas Lacovara ("Lacovara") alleges that the defendants were responsible for his losing money in transactions involving commodity futures. Plaintiff alleges that defendant Merrill Lynch, Pierce, Fenner, Smith, Inc. ("Merrill Lynch"), plaintiff's broker, engaged in negligent and fraudulent conduct and breached its fiduciary duty to Lacovara. Plaintiff further alleges,...

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