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MARCHESE v. SHEARSON HAYDEN STONE, INC.

Civ. No. 78-4298-WMB.

644 F.Supp. 1381 (1986)

Dominic MARCHESE, Plaintiff, v. SHEARSON HAYDEN STONE, INC., a corporate entity, Defendant.

United States District Court, C.D. California.

September 11, 1986.

Attorney(s) appearing for the Case

David Daar, Miller & Daar, Los Angeles, Cal., for plaintiff.

Samuel A. Keesal, Jr., Keesal, Young & Logan, Long Beach, Cal., for defendant.

ORDER GRANTING MOTION TO DISMISS

WM. MATTHEW BYRNE, Jr., District Judge.

Plaintiff, Dominic Marchese, filed this action against Shearson Hayden Stone, Inc. (Shearson), a securities broker and futures commission merchant, seeking a declaratory judgment that "interest and increment" on margin funds maintained pursuant to section 4d of the Commodities Exchange Act (CEA), 7 U.S.C. section 6d (1982 & Supp. III 1985), may not be retained by Shearson in excess...

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