Fed. Sec. L. Rep. P 98,767 Merrill M. Follansbee v. Davis, Skaggs & Co., Inc., a Delaware Corporation, and Chester T. Bjerke, Jr., Merrill M. Follansbee v. Davis, Skaggs & Co., Inc., a Delaware Corporation, and Chester T. Bjerke, Jr.

681 F.2d 673 Fed. Sec. L. Rep. P 98,767 Merrill M. FOLLANSBEE, Plaintiff-Appellee, v. DAVIS, SKAGGS & CO., INC., a Delaware Corporation, and Chester T. Bjerke, Jr., Defendants-Appellants. Merrill M. FOLLANSBEE, Plaintiff-Appellant, v. DAVIS, SKAGGS & CO., INC., a Delaware Corporation, and Chester T. Bjerke, Jr., Defendants-Appellees. Nos. 81-4187, 81-4202. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 12, 1982. Decided July 16, 1982. Eric G. Wallis, Jay R. Martin, Crosby, Heafey, Roach & May, Oakland, Cal., for Davis, Skaggs & Co. Thomas C. Perkins, Sacramento, Cal., for Follansbee. Appeal from the United States District Court for the District of Northern California. Before HAYNSWORTH, * Senior Circuit Judge, and CHOY and SCHROEDER, Circuit Judges. HAYNSWORTH, Senior Circuit Judge: 1 In September, 1975 Follansbee filed this action against Davis, Skaggs & Co. and Chester Bjerke, a broker employed by Davis, Skaggs, for churning his securities account and for making investments that were unsuitable for him. Following a trial before the court, the district court found for Follansbee on his churning claim and for the defendants on the…