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BROADCORT CAPITAL CORP. v. DUTCHER

No. 93 Civ. 4402 (AGS).

859 F.Supp. 1517 (1994)

BROADCORT CAPITAL CORP., Plaintiff, v. James P. DUTCHER, Defendant.

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

August 9, 1994.

Attorney(s) appearing for the Case

Brown & Wood, New York City, for plaintiff.

Jerome Sapiro, Jr., San Francisco, CA, for defendant.

Opinion & Order

SCHWARTZ, District Judge:

BACKGROUND

Broadcort Capital Corp. ("Broadcort") is a clearing broker and cleared the accounts of Allied Capital Corp. ("Allied"), a stock brokerage firm.1 James P. Dutcher ("Dutcher") purchased securities from Allied. Broadcort claims that Dutcher never paid for the securities. See Plaintiff's Sur-Reply Mem. (Dec. 29, 1993) at 1. As a result, on June 29, 1993 Broadcort...

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