Randy BIBBO, Plaintiff-Appellant, v. DEAN WITTER REYNOLDS, INC., Defendant-Appellee

COLE, Circuit Judge.

Plaintiff Randy Bibbo appeals the decision of the district court granting Defendant Dean Witter’s motion to dismiss Bibbo’s complaint pursuant to Fed.R.Civ.P. 12(b)(6). Bibbo brought an action against Dean Witter, alleging that Dean Witter violated Ohio law when it retained interest earned from its investment of Bibbo’s money (referred to as “margin money” or “margin funds”), which was kept on deposit with Dean Witter as a partial guarantee that Bibbo would meet certain obligations under an investment contract. On appeal, we must determine whether a federal regulation, 17…