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SECURITIES SETTLEMENT CORP. v. JACHERA

No. 89 Civ. 7922 (MBM).

772 F.Supp. 770 (1991)

SECURITIES SETTLEMENT CORPORATION, Plaintiff, v. Lucy M. JACHERA, Defendant. Lucy M. JACHERA, Third-party Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Third-party Defendant.

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

August 22, 1991.

Attorney(s) appearing for the Case

Doria G. Stetch, Martin P. Unger, Gaston & Snow, New York City, for plaintiff.

Andrew O'Connor, Liddle, O'Connor, Finkelstein & Robinson, New York City, for defendant and third-party plaintiff.

Barry J. Mandel, Baer, Marks & Upham, New York City, for third-party defendant.

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiff Securities Settlement Corporation ("SSC") sues defendant Lucy M. Jachera to recover the value of securities which SSC mistakenly delivered to Jachera's IRA securities account at the investment firm of Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch"). Plaintiff now moves for summary judgment pursuant to Fed. R.Civ.P. 56. As appears below, plaintiff's motion is granted in part and denied...

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