Psg Co., a Corporation, and Philip S. Greenberg v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

REAL, District Judge:

PSG Co., an Oregon Corporation, and Philip S. Greenberg (hereinafter referred to jointly as appellant) filed a complaint against Merrill Lynch, Pierce, Fenner & Smith, Inc., a Delaware corporation, for breach of an alleged agreement to accept appellant’s business of buying and selling commodity futures contracts up to a maximum of 300 1 contracts open, praying judgment in the amount of $45,221.68 and punitive damages for willful, wanton and malicious conduct. Two other causes of action were alleged which do not concern us here since they were settled at the time of trial.

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