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

No. 94 Civ. 7826 (JGK).

868 F.Supp. 532 (1994)

MERRILL LYNCH, PIERCE, FENNER & SMITH INC., Plaintiff, v. John M. DOE (John Banks), Defendant.

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

November 3, 1994.

Attorney(s) appearing for the Case

William T. Marshall, Jr., Sullivan & Marshall, New York City, for plaintiff.

OPINION

KOELTL, District Judge.

On the present application, plaintiff Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch") seeks temporary declaratory relief declaring that it has the right, which cannot be enjoined by a state court, to proceed in federal court to seek injunctive relief in aid of an arbitration with a former Merrill Lynch financial consultant, defendant John Banks. For the reasons stated below, the Court, having heard...

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