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COMMODITY FUTURES TRADING COM'N v. CLOTHIER

Civ. A. No. 92-1062-B.

788 F.Supp. 490 (1992)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. Daniel CLOTHIER, Collins Commodity Brokerage Company, and Heartland Futures Fund, Defendants.

United States District Court, D. Kansas.

March 11, 1992.

Attorney(s) appearing for the Case

Rosemary Hollinger, Susan B. Padove, Terrance A. Hilliard, Dennis M. Robb, Div. of Enforcement, Commodity Futures Trading Com'n, Chicago, Ill., for plaintiff.

Stephen M. Joseph, Joseph, Robison & Anderson, P.A., Wichita, Kan., Charles J. Hecht, New York City, for defendants.

MEMORANDUM AND ORDER

BELOT, District Judge.

This matter is before the court on the motion of plaintiff Commodity Futures Trading Commission ("Commission") for a restraining order. The Commission filed this action on February 11, 1992 seeking an ex parte restraining order against defendants for alleged violations of the Commodity Exchange Act ("the Act"), 7 U.S.C. §§ 1 et seq., and various regulations thereunder. The court held an...

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