BOOTH v. PEAVEY COMPANY COMMODITY SERVICES

No. 19915.

430 F.2d 132 (1970)

J.C. BOOTH, Appellant, v. PEAVEY COMPANY COMMODITY SERVICES, Appellee.

United States Court of Appeals, Eighth Circuit.

August 27, 1970.


Attorney(s) appearing for the Case

Leonard Rose, Kansas City, Mo., for appellant, and filed brief and reply brief.

Glenn E. McCann, of Knipmeyer, McCann & Millett, Kansas City, Mo., for appellee, Lebert D. Shultz, Kansas City, Mo., on the brief.

Before MATTHES, Chief Judge, and LAY and HEANEY, Circuit Judges.


HEANEY, Circuit Judge.

The trial court granted the defendant's motion for a directed verdict at the close of the plaintiff's case. The plaintiff appeals contending that he presented evidence from which the jury could have found that the defendant had "churned" plaintiff's commodity account for its benefit rather than that of the plaintiff. We affirm.

While the point was not argued by the parties, we feel it necessary to consider first whether an investor has...

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