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BISSELL v. MERRILL LYNCH & CO., INC.

No. 93 Civ. 8243 (AGS).

937 F.Supp. 237 (1996)

Louis G. BISSELL, Jr., on behalf of himself and all others similarly situated, Plaintiff, v. MERRILL LYNCH & CO., INC., and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Defendants.

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

August 8, 1996.

Attorney(s) appearing for the Case

Roger W. Kirby, Irving Malchman, Kaufman Malchman Kirby & Squire and Henry P. Monaghan, New York City, for plaintiff.

Henry F. Minnerop and Laurel J. Southworth, Brown & Wood, New York City, for defendants.

OPINION AND ORDER

SCHWARTZ, District Judge:

This matter is before the Court upon the motion of defendants Merrill Lynch & Co., Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated (collectively, "MLPF & S") to dismiss all claims alleged in the Second Amended Class Action Complaint (the "Complaint") under Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure, and the motion of plaintiff Louis G. Bissell, Jr. ("Bissell"...

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