McNeal v. Paine, Webber, Jackson & Curtis, Inc.

Clarke, Justice.

McNeal, a customer of Paine, Webber (a securities broker-dealer), filed a suit in federal court against Paine, Webber alleging violations of Section 10 (b) of the Securities and Exchange Act of 1934, 15 USCA § 78J (b) and S. E. C. Rule 10b-5 [17 CFR § 240.10b-5]. In the federal action McNeal contended that Paine, Webber’s employee Skone had illicitly “churned” McNeal’s file to generate commissions. Damages sought represented the amount allegedly lost by McNeal as a result of Skone’s activities. The parties stipulated at trial that proof of churning would render Paine, Webber…