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MERRILL LYNCH, PIERCE, FENNER & SMITH INC. v. SHUBERT

No. 83-903-Civ-Orl-11.

577 F.Supp. 406 (1983)

MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, Plaintiff, v. John M. SHUBERT, Defendant.

United States District Court, M.D. Florida, Orlando Division.

November 23, 1983.

Attorney(s) appearing for the Case

C.B. Rogers and Phillip S. McKinney of Rogers & Hardin, Atlanta, Ga., and Lawrence Phalin, of Mateer, Harbert, Frey, Bechtel & Phalin, Orlando, Fla., for plaintiff.

Curtis Carlson, of Fowler, White, Burnett, Hurley, Banick & Strictroot, Miami, Fla., and Lawrence G. Mathews, Jr., of Smith, Mackinnon & Mathews, Orlando, Fla., for defendant.

MEMORANDUM OF DECISION

JOHN A. REED, Jr., District Judge.

On 10 November 1983 the plaintiff filed a verified complaint alleging that the defendant in October 1979 had signed an employment contract with the plaintiff. A copy of the agreement was attached to the complaint. The complaint alleged that the defendant resigned his employment with the plaintiff on 7 November 1983 and, in violation of the contract, had taken or copied certain of Merrill Lynch's records...

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