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

No. 85 C 9120.

642 F.Supp. 122 (1986)

William F. WINKLER, Individually and as Trustee of Winkey Food Products, Inc. Profit Sharing Plan Trust, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER AND SMITH, INC., a New York Corporation, and Glenn Miller, Defendants.

United States District Court, N.D. Illinois, E.D.

April 25, 1986.

Attorney(s) appearing for the Case

Alan P. Sobel, Chicago, Ill., for plaintiff.

Peter R. Sonderby and Janet L. Reali, Chadwell & Kayser, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff William F. Winkler, individually and as trustee of Winkey Food Products, Inc., brought this securities fraud action under § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (1982), and Rule 10b-5 of the Securities and Exchange Commission, 17 C.F.R. § 240.10b-5 (1985), against Merrill, Lynch, Pierce, Fenner and Smith Inc. ("Merrill Lynch") and one of its brokers,...

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