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BAGBY v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 99-4011-RDR.

174 F.Supp.2d 1199 (2001)

Marcia BAGBY, et al., Plaintiffs, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant.

United States District Court, D. Kansas.

November 9, 2001.

Attorney(s) appearing for the Case

Timothy H. Girard, Grant M. Glenn, Bruce J. Woner, Woner, Glenn, Reeder, Girard & Riordan, P.A., Topeka, KS, for plaintiffs.

Gordon D. Gee, Lynne C. Kaiser, Rachel H. Baker, Rodney Lee Eisenhauer, Seigfreid, Bingham, Levy, Selzer & Gee, Kansas City, MO, for defendant.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is a diversity action. Plaintiffs contend they sustained certain losses because the defendant brokerage firm breached a contract entered into by their agent.1 This matter is presently before the court upon defendant's motion for summary judgment.

I.

Summary judgment is appropriate if the moving party demonstrates...

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