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COHEN v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 87 Civ. 2920 (MJL).

722 F.Supp. 24 (1989)

Martin COHEN and Ben Smolen, Plaintiffs, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., and Merrill Lynch Futures, Inc., Defendants.

United States District Court, S.D. New York.

As Amended October 6, 1989.

Attorney(s) appearing for the Case

Rabin & Sirota by I. Stephen Rabin and Lowey Dannenberg & Knapp, P.C. by R.B. Dannenberg, New York City, for plaintiff.

Brown & Wood by A. Robert Pietrzak and Joan Bianco, New York City, for defendants.

OPINION AND ORDER

LOWE, District Judge.

This is an action alleging misrepresentations, material omissions, and fraud by the defendants in connection with the purchase and sale of securities. Defendants Merrill Lynch, Pierce, Fenner & Smith, Inc., ("Merrill Lynch") and Merrill Lynch Futures, Inc. ("Merrill Lynch Futures") have moved to dismiss plaintiffs' complaint pursuant to Federal Rules of Civil Procedure ("F.R.Civ. P.") 9(b), 12(b)(1) and 12(b)(6...

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