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HARDY v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 01 Civ. 5973(NRB).

189 F.Supp.2d 14 (2001)

Charles HARDY, individually and on behalf of all others similarly situated, Plaintiffs, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant.

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

November 30, 2001.

Attorney(s) appearing for the Case

Jay B. Kasner, Edward J. Yodowitz, Jill Rennert, Skadden, Arps, Slate, Meagher & Flom, L.L.P., New York City, for defendant.

MEMORANDUM & ORDER

BUCHWALD, District Judge.

This case is a class action brought by Charles Hardy on behalf of himself and other similarly situated individuals ("plaintiffs") against Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch" or "defendant"). Plaintiffs filed their action in the Supreme Court of New York, County of New York, alleging that defendant had breached its fiduciary duty to its brokerage customers by maintaining positive...

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