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DENTEN v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 93 C 6934.

887 F.Supp. 176 (1995)

Donna DENTEN, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., and Mary S. Webster, as Independent Executor of the Estate of Charles L. Webster, Deceased, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

May 30, 1995.

Attorney(s) appearing for the Case

Mark Steven Mester, Latham & Watkins, Myron M. Cherry, David D. Merritt, Cherry & Flynn, Chicago, IL, for Donna Denten.

Peter A. Cantwell, Stephen Falk Boulton, John Sheridan Burke, Cantwell & Cantwell, Chicago, IL, for Merrill Lynch Pierce Fenner & Smith Inc.

George Constantine Pontikes, Darlene Anne Blaszczak, George C. Pontikes & Associates, Chicago, IL, for Mary S. Webster.

MEMORANDUM OPINION AND ORDER

HOLDERMAN, District Judge:

Defendant Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch") has moved for a dismissal of plaintiff's complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, defendant's motion is denied in part and granted in part.

BACKGROUND

Shortly after her divorce in 1990, plaintiff was solicited by Charles Webster (...

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