MEMORANDUM OPINION AND ORDER
SHADUR, District Judge.
Daniel McCarthy ("McCarthy") sues Paine Webber, Inc. ("PaineWebber") and Paine Webber Account Executive Thomas Downs ("Downs") under Commodity Exchange Act ("Act") § 4b(A) ("Section 4b(A)"), 7 U.S.C. § 6b(A) (actionable under Act § 22(a)(1), 7 U.S.C. § 25(a)(1)), seeking damages for harm suffered as a result of defendants' allegedly fraudulent mismanagement of his commodities account...
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