Legal Opinion
Gordon v. duPont Glore Forgan Inc.
Court of Appeals for the Fifth Circuit
Decided December 10, 1973No. 73-1382PublishedCited by 26 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
The court below awarded the Gordons $20,000 for damages resulting from defendant brokerage firm’s failure to notify them that their account was under-margined, a breach of its fiduciary duty. On appeal duPont contends that the Gor-dons’ knowledge of their account’s un-dermargined condition operates as ratification and a bar to this suit, and du-Pont is entitled to recover the deficiency remaining after it closed the Gordons’ account. On cross appeal the Gordons find error in the trial court’s dismissing their claim alleging a cause of action under the rules of the…
2Cases cited5 opinions
- Fed. Sec. L. Rep. P 92,710 Stanley S. Pearlstein v. Scudder & German, a PartnershipCourt of Appeals for the Second Circuit · 1970
- Donald W. Buttrey, Trustee in Bankruptcy for Dobich Securities Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Seventh Circuit · 1969
- Clara Goldenberg, Formerly Clara Littman v. Bache and Company, Bache and Company v. Clara Goldenberg, Formerly Clara LittmanCourt of Appeals for the Fifth Circuit · 1959
- Carr v. WarnerDistrict Court, D. Massachusetts · 1955
- Hayden, Stone Incorporated v. BrownDistrict Court of Appeal of Florida · 1969
3Cited by26 opinions
- Fed. Sec. L. Rep. P 94,365 Arthur Yale Kavit v. A. L. Stamm & Co., a Co Partnership, and Jack R. LevienCourt of Appeals for the Second Circuit · 1974
- Helen C. Carras and Bill G. Carras, Co-Executors of the Estate of Gus N. Carras, Deceased v. James S. Burns, Jr.Court of Appeals for the Fourth Circuit · 1975
- Shearson Hayden Stone, Inc., and Hayden Stone, Inc. v. William H. LeachCourt of Appeals for the Seventh Circuit · 1978
- Fed. Sec. L. Rep. P 97,607 Louis E. Wolfson v. John D. Baker, Jr.Court of Appeals for the Fifth Circuit · 1980
- Samuel STERN, Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., AppelleeCourt of Appeals for the Fourth Circuit · 1979
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