ALVIN B. RUBIN, District Judge:
OPINION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
Plaintiff, McCurnin, a businessman, had some experience in dealing in stocks. He had an account with defendant, Kohlmeyer & Co., a stock and commodities broker, and he bought and sold various stocks from time to time. Prior to May 12, 1971, however, he had never traded in commodities.
On May 12, 1971, McCurnin began trading in commodities. He bought five contracts...
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