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HEINOLD COMMODITIES, INC. v. McCARTY

No. 78 C 2122.

513 F.Supp. 311 (1979)

HEINOLD COMMODITIES, INC., et al., Plaintiffs, v. Bob McCARTY et al., Defendants.

United States District Court, N. D. Illinois, E. D.

December 7, 1979.

Attorney(s) appearing for the Case

Lawrence H. Hunt and William F. Conlon, Thomas F. Ryan, Geraldine M. Alexis, Sidley & Austin, Chicago, Ill., for plaintiffs.

William F. Conlon, Sidley & Austin, Chicago, Ill., for Jerry Phillips.

Robert Plotkin, John G. Jacobs, John C. Hendrickson, Robert P. Schuwerk, Thomas P. Stillman, The Law Offices of Robert Plotkin, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

DECKER, District Judge.

Plaintiffs Heinold Commodities, Inc., and two of its brokers, filed this action for a declaratory judgment declaring that defendants Bob and Cecelia McCarty are not entitled to recover for losses in commodities trading. Defendants filed a six count counterclaim alleging that plaintiffs' fraudulent actions constituted a violation of the Commodity Exchange Act and other laws. In Count IV, it is alleged that...

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