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COMMODITY FUTURES TRADING COMM. v. INTERNATIONAL FOREIGN CURRENCY, INC.

No. CV-03-3577 (TCP)(ARL).

334 F.Supp.2d 305 (2004)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. INTERNATIONAL FOREIGN CURRENCY, INC., a New York Corporation, dba International Foreign Currency Exchange, dba I.F.C. Trading, Inc., Thomas Qualls, an individual and Michael Kourmolis, an individual, Defendants.

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

September 3, 2004.

Attorney(s) appearing for the Case

Erin E. Powell, James H. Holl, III, Washington, DC, for Plaintiff.

Bruce Smirti, Garden City, Paul W. Thorpe, Jr., Rebore, Thorpe & Pisarello, P.C., Farmingdale, NY, for Defendant.

MEMORANDUM AND ORDER

PLATT, District Judge.

Before this Court are motions brought by International Foreign Currency, Inc. ("IFC"), Thomas Qualls ("Qualls") and Michael Kourmolis ("Kourmalis"), (collectively "Defendants"), to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction, and 12(b)(6), for failure to state a claim, the action commenced by the Commodities Futures Trading Commission...

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