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BERMAN v. ORIMEX TRADING, INC.

No. 67 Civ. 3978.

291 F.Supp. 701 (1968)

Ben BERMAN, Plaintiff, v. ORIMEX TRADING, INC., Defendant.

United States District Court S. D. New York.

July 24, 1968.

Attorney(s) appearing for the Case

Irving Younger, New York City, for plaintiff.

Haight, Gardner, Poor & Havens, New York City, for defendant; Walter E. Rutherford, William F. Faison, II, New York City, of counsel.

MEMORANDUM

FREDERICK van PELT BRYAN, District Judge:

Motion by defendant to dismiss for lack of subject matter jurisdiction.

The complaint alleges in essence that plaintiff Berman opened a "discretionary account" with defendant Orimex for the purpose of trading in cocoa futures. According to the complaint, Berman entrusted Orimex with monies which Orimex was to invest as it saw fit in cocoa futures on...

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