Legal Opinion

Starkenstein v. Merrill Lynch Pierce Fenner & Smith Inc.

District Court, M.D. Florida

Decided October 13, 1983No. 81-298-Orl-Civ-RPublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JOHN A. REED, Jr., District Judge.

Introduction

Three claims were submitted to the jury. The first claim was the plaintiff’s 10b-5 claim based on alleged churning. The second and third claims respectively were pendent claims based on allegations of a •breach of fiduciary duty and common law negligence. The defense of estoppel was submitted to the jury only as a defense to the second claim. The jury found against the plaintiff on the first claim and for the defendants on the estoppel defense to the second claim. On the basis of the jury verdict, a judgment was entered for…

2Cases cited18 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Wackenhut Corp. v. CantySupreme Court of Florida · 1978
  3. Fed. Sec. L. Rep. P 97,872 Lila A. Miley v. Oppenheimer & Company, Inc., Anthony L. Geller and John W. HamiltonCourt of Appeals for the Fifth Circuit · 1981
  4. Mercury Motors Exp., Inc. v. SmithSupreme Court of Florida · 1981
  5. Lassitter v. Intern. Union of Op. Engin.Supreme Court of Florida · 1977

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3Cited by8 opinions

  1. James W. Bonar and Beverly J. Bonar v. Dean Witter Reynolds, Inc., John S. Mc Nally, Jr., Ed LeavenworthCourt of Appeals for the Eleventh Circuit · 1988
  2. Genet Co. v. Annheuser-Busch, Inc.District Court of Appeal of Florida · 1986
  3. Gochnauer v. A.G. Edwards & Sons, Inc.Court of Appeals for the Eleventh Circuit · 1987
  4. Air Products and Chemicals, Inc. v. The Louisiana Land and Exploration CompanyCourt of Appeals for the Eleventh Circuit · 1989
  5. Gochnauer v. A.G. Edwards & Sons, Inc.Court of Appeals for the Eleventh Circuit · 1987

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