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O & G CARRIERS, INC. v. ROSENTHAL & CO.

No. 87 Civ. 7275 (RO).

685 F.Supp. 66 (1988)

O & G CARRIERS, INC., Plaintiff, v. ROSENTHAL & COMPANY and First American Discount Corporation, Defendants.

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

May 13, 1988.

Attorney(s) appearing for the Case

Bizar D'Alessandro Shustak & Martin, New York City, for plaintiff; Irvin Rothfarb, of counsel.

Bloom & Eilen, New York City, for defendants; Howard S. Eilen, of counsel.

MEMORANDUM AND ORDER

OWEN, District Judge:

Plaintiff O & G, a corporation that has invested in commodities for approximately ten years, brought this action against Rosenthal and First American, two commodities brokerage firms, alleging violations of the antifraud provisions of Commodity Exchange Act, 7 U.S.C. § 6b, and breach of fiduciary duty under state law. The gravamen of the complaint is that defendants liquidated O & G's account without...

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