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HERMAN v. T. & S. COMMODITIES, INC.

No. 82 CIV 4855 (LBS).

578 F.Supp. 601 (1983)

Dennis HERMAN, Plaintiff, v. T. & S. COMMODITIES, INC., and Robert E. Sherman, Defendants.

United States District Court, S.D. New York.

September 15, 1983.

Attorney(s) appearing for the Case

Schulte, Roth & Zabel, David M. Brodsky, New York City, for plaintiff.

Baer, Marks & Upham, Barry J. Mandel, Allan Dinkoff, New York City, for defendants.

OPINION

SAND, District Judge.

Plaintiff Dennis Herman, an investor in commodities brings this action against T. & S. Commodities, Inc. ("T & S"), a futures commission merchant, and Robert Sherman, an officer of T & S. Plaintiff alleges that defendants have violated § 4b of the Commodity Exchange Act ("the Act") by engaging in unauthorized trading1 with respect to Mr. Herman's account. Defendants have moved for...

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