MEMORANDUM OPINION AND ORDER
BUCKLO, District Judge.
On February 15, 1996, plaintiff, ING (U.S.) Securities, Futures & Options, Inc. ("ING"), filed its complaint against defendants, Bingham Investment Fund, L.L.C. ("Bingham"), Ronald A. Klein, and Gary A. Shiffman, claiming fraud and breach of contract. In the complaint, ING alleges the following facts. ING is a futures commission merchant that executes and clears commodity futures and option...
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