Legal Opinion

Buder v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Court of Appeals for the Eighth Circuit

Decided February 19, 1981No. 80-1162PublishedCited by 95 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

G. A. Buder, III, and four of his children, commenced this action on June 13, 1977, alleging that Merrill Lynch, Pierce, Fenner & Smith, Inc., and Ray Dusek, one of its brokers, committed various federal securities acts’ violations. The primary securities provisions on which plaintiffs rely are section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)) and Rule 10b-5 of the Securities and Exchange Commission (17 C.F.R. § 240.10b-5 (1979)).1 The substance of the Buders’ complaint is that Du-sek, acting on behalf of Merrill Lynch, failed to disclose the risk…

2Cases cited15 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Vanderboom v. SextonCourt of Appeals for the Eighth Circuit · 1970
  3. Klein v. BowerCourt of Appeals for the Second Circuit · 1970
  4. Eskel Norbeck v. Davenport Community School DistrictCourt of Appeals for the Eighth Circuit · 1976
  5. Jerry A. Beeck and Judy A. Beeck v. Aquaslide 'N' Dive CorporationCourt of Appeals for the Eighth Circuit · 1977

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3Cited by95 opinions

  1. Johnson v. Oroweat Foods Co.Court of Appeals for the Fourth Circuit · 1986
  2. Terry Wayne Sanders v. Clemco Industries, Ingersoll-Rand, Inc.Court of Appeals for the Eighth Circuit · 1987
  3. Caribbean Broadcasting System, Ltd. v. Cable & Wireless PLCCourt of Appeals for the D.C. Circuit · 1998
  4. Edward Arthur v. Maersk, Inc. D/B/A Maersk Line Ltd. Dyn Corp. Technical Services D/B/A Dyn Marine Services the United States of AmericaCourt of Appeals for the Third Circuit · 2006
  5. Paul Moore v. City of Paducah Mayor John Penrod Joe Viterisi, Harold Ford, Robert Coleman, and Joe Flynn, Commissioners Robert E. GreenCourt of Appeals for the Sixth Circuit · 1986

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