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BAKER v. WHEAT FIRST SECURITIES

Civ. A. No. 3:85-1281.

643 F.Supp. 1420 (1986)

Roy D. BAKER and Jane F. Baker, Plaintiffs, v. WHEAT FIRST SECURITIES and John K. Merical, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

September 8, 1986.

Attorney(s) appearing for the Case

William L. Mundy, Baker & Mundy, Huntington, W.Va., for plaintiffs.

John K. Merical, Poca, W.Va., pro se.

Larry A. Winter and Cynthia A. Nelson Spilman, Thomas, Battle & Klostermeyer, Charleston, W.Va., for Wheat First.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending before the Court are the cross motions for summary judgment made by the Defendant, Wheat First Securities (Wheat), and the Plaintiffs. Both motions have been well briefed and the Court now deems the same mature for decision.

I. Brief Background

This action arises out of the alleged defalcations of John K. Merical. Merical was employed as a stock broker by Defendant Wheat. During...

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