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DIVCO CONST. & REALTY CORP. v. MERRILL LYNCH

No. 83-1393-CIV-JLK.

575 F.Supp. 712 (1983)

DIVCO CONSTRUCTION & REALTY CORP., INC. and Charles Weidner, Plaintiffs, v. MERRILL LYNCH PIERCE FENNER & SMITH, INC., and William Morrison, Defendants.

United States District Court, S.D. Florida.

December 6, 1983.

Attorney(s) appearing for the Case

Arthur R. Rosenberg, Fort Lauderdale, Fla., for plaintiffs.

Bennett Falk, Miami, Fla., for defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS COUNTS III THROUGH XI

JAMES LAWRENCE KING, District Judge.

THIS CAUSE comes before the court upon the defendants' Motion to Dismiss. The court heard oral argument on this motion on Wednesday, November 23, 1983.

In their Motion to Dismiss, the defendants state that in this action the plaintiffs assert claims under various theories of liability, all essentially predicated upon the alleged churning of a securities...

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