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UTESCH v. DITTMER

Nos. 90-2735, 90-2740.

947 F.2d 321 (1991)

William UTESCH, a resident of the State of Iowa, Triple U Ranch, an Iowa limited partnership, Rod Amlie, Kenneth Becker, Marcel Becker, Leon Bruns, Merlyn Hegland, Floyd Jansma, Stanley Pankratz, Estate of Carl Pennings, Lee Stoll, Carl Winterboar, and Thane Wulf, and Clarence Vos, a resident of the State of Iowa, Idlewild Farms, Inc., an Iowa corporation, Vos Company, an Iowa limited partnership, and Victor C. Tomka, a resident of the State of Iowa, and Mick Drea, a resident of the State of Iowa, Plaintiffs-Appellees/Cross-Appellants, v. Thomas H. DITTMER, a resident of the State of Illinois, and Refco, Inc., formerly known as Ray E. Friedman & Company, Inc., an Illinois corporation, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 17, 1991.

Attorney(s) appearing for the Case

Elizabeth J. Robben, Little Rock, Ark., argued (Kevin A. Crass, on brief), for defendants-appellants/cross-appellees.

David H. Weinstein, Philadelphia, Pa., argued (Robert S. Kitchenoff, Philadelphia, Pa., Robert B. Scism, Des Moines, Iowa, Robert H. Weir, San Jose, Cal., on brief), for plaintiffs-appellees/cross-appellants.

Before LAY, Chief Judge, FRIEDMAN, Senior Circuit Judge, and John R. GIBSON, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

These are an appeal and a cross-appeal from a judgment of the United States District Court for the Northern District of Iowa (O'Brien, C.J.), entered on a jury verdict, awarding damages for violation of section 9(b) of the Commodities Exchange Act (Commodities Act), 7 U.S.C. § 13(b) (1976), section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1 (1976), and the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U...

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