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WATERS v. INTERN. PRECIOUS METALS CORP.

No. 97-5074.

190 F.3d 1291 (1999)

William WATERS, Linda Bartholomew, individually, and on behalf of all those similarly situated, Plaintiffs-Appellees, v. INTERNATIONAL PRECIOUS METALS CORPORATION, MultiVest, Incorporated, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 30, 1999.

Attorney(s) appearing for the Case

Paul M. Dodyk, Cravath, Swaine & Moore, New York City, R. Lawrence Bonner, Marc A. Wites, Homer & Bonner, Miami, FL, Martin I. Kaminsky, Pollack & Kaminsky, New York City, for Defendants-Appellants.

Deborah Zuckerman, AARP Foundation Litigation, Washington, DC, C. Brandon Wisoff, Neil A. Goteiner, Farella, Braun & Martel, LLP, San Francisco, CA, for Amicus Curiae.

Before TJOFLAT and BIRCH, Circuit Judges, and BRIGHT, Senior Circuit Judge.

BIRCH, Circuit Judge:

In this class action, customers of the commodity futures brokerage firm, Multi-Vest Options, Inc. ("MOI"), brought suit against the firm and its brokers and alleged that the defendants engaged in a scheme to defraud customers by soliciting and stimulating excessive trading in commodities options. James Grosfeld, as owner of MOI's parent company, MultiVest, Inc., is the primary defendant in the case, because MultiVest, Inc. is substantially insolvent...

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