Michael SPIELMAN, on behalf of himself and all other similarly situated persons, Plaintiff-Appellee, v. MERRILL LYNCH, PIERCE, FENNER SMITH, INCORPORATED, Defendant-Appellant. Docket No. 01-9189.United States Court of Appeals, Second Circuit.Argued: September 12, 2002. Decided: June 13, 2003. Appeal from the United States District Court for the Southern District of New York, Denise Cote, J., 2001 […]