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

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 that there is “no genuine issue as to any material fact” and that it is “entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). In applying this standard, the court views the evidence and all reasonable inferences therefrom in…