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SMITH v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 85-0379-Civ.

700 F.Supp. 1092 (1987)

Karin SMITH, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., and Daniel K. Moore, Defendants.

United States District Court, S.D. Florida.

November 13, 1987.

Attorney(s) appearing for the Case

Forkey & Falco, P.A. by James F. Falco, Deerfield Beach, Fla., for plaintiff.

Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A. by Keith Olin, Miami, Fla., for defendants.

ORDER ON PENDING MOTIONS

HOEVELER, District Judge.

THIS CAUSE is before the court on defendants' motion to dismiss Count I of the complaint, or in the alternative to compel arbitration of that count. For reasons set forth herein, the motions are denied.

BACKGROUND

This is a suit by a customer of a national securities firm, alleging, inter alia, violations of Securities Act of 1933 ("33 Act") § 12(2), violations of the Securities Exchange...

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