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NATIONAL WESTERN LIFE INS. CO. v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

No. 93 CIV. 7244 VM.

112 F.Supp.2d 292 (2000)

NATIONAL WESTERN LIFE INSURANCE COMPANY, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant.

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

August 16, 2000.

Attorney(s) appearing for the Case

Benjamin Zelermyer, Steven A. Coploff, Serchuk & Zelermyer, White Plains, NY, for National Western Life Insurance Company, plaintiffs.

Grant Aram Hanessian, Baker & McKenzie, Grant Aram Hanessian, Duane Morris & Heckscher LLP, New York City, for Merrill Lynch, Pierce, Fenner & Smith, Inc., defendants.

OPINION AND ORDER

MARRERO, District Judge.

This action was commenced in the Southern District of Texas in May 1993 and later that year transferred to this Court, where the underlying transaction remains governed by Texas law. During its seven-year odyssey to date, the case has passed through the dockets of five federal judges, four of them in this District. Yet, as described below, largely on account of the parties' own pretrial motion practice, the...

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