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

Civ. A. No. C 83-1786 A.

605 F.Supp. 1105 (1985)

Peter J. MALLEN, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, d/b/a Merrill Lynch Futures, Inc., f/k/a Merrill Lynch Commodities, Inc., and Robert P. Spanos, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

March 27, 1985.

Attorney(s) appearing for the Case

Gilbert Deitch and Gerald Kline, Bauer, Deitch & Raines, P.C., Atlanta, Ga., for plaintiff.

Paul W. Stivers and Robert Axelrod, Rogers & Hardin, Atlanta, Ga., for defendants.

ORDER

VINING, District Judge.

The plaintiff, Peter Mallen, opened an account on March 3, 1983, with Merrill Lynch Futures, Inc., which was formerly known as Merrill Lynch Commodities, Inc. The corporate defendant will be hereinafter referred to as "Merrill Lynch." Mr. Mallen's original account executive was William Knochel. In the first month that the account was open, the plaintiff bought and sold futures in gold and silver. All account activity was in...

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