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MALLEN v. MERRILL LYNCH FUTURES, INC.

Civ. A. No. C83-1786A.

623 F.Supp. 203 (1985)

Peter J. MALLEN, Plaintiff, v. 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.

September 11, 1985.

Attorney(s) appearing for the Case

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

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

ORDER

VINING, District Judge.

The plaintiff brought this action against Merrill Lynch Futures, Inc. ("Merrill Lynch"), a futures commission merchant, and its registered representative, Robert P. Spanos, alleging violations of the federal and state securities laws and common law fraud, negligence, and breach of fiduciary duty. By order dated March 27, 1985, this court held that the stock index contracts traded...

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