Legal Opinion
Mallen v. Merrill Lynch Futures, Inc.
District Court, N.D. Georgia
Decided September 11, 1985No. Civ. A. C83-1786APublishedCited by 5 opinions
1Opinion of the Court
ORDER
VINING, District Judge.
The plaintiff brought this action against Merrill Lynch Futures, Inc. (“Merrill Lynch”), a futures commission merchant, and its registered representative, Robert P. Spanos, alleging violations of the federal and state securities laws and common law fraud, negligence, and breach of fiduciary duty. By order dated March 27, 1985, this court held that the stock index contracts traded by the defendant on the plaintiffs behalf were “commodities” and not “securities” and, consequently, dismissed the plaintiffs federal and state securities claims raised in Counts I, II,…
2Cases cited18 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
- New York State Department of Social Services v. DublinoSupreme Court of the United States · 1973
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3Cited by5 opinions
- Khalid Bin Talal Bin Abdul Azaiz Al Seoud v. E.F. Hutton & Co.District Court, N.D. Illinois · 1989
- General Resources Organization, Inc. v. Deadman, Texas Court of Appeals, 4th District (San Antonio)1995
- Sinclair & Co., Inc. v. GuruleIdaho Court of Appeals · 1988
- Poncy v. Shearson Lehman Bros., Inc.District Court of Appeal of Florida · 1989
- Stuber v. HillDistrict Court, D. Kansas · 2001