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MARSHALL v. LAMSON BROS. & CO.

Civ. No. 4-959-D.

368 F.Supp. 486 (1974)

Thomas C. MARSHALL, Plaintiff, v. LAMSON BROS. & CO., a partnership, and Alan Grigg, Defendants.

United States District Court, S. D. Iowa, Davenport Division.

January 8, 1974.

Attorney(s) appearing for the Case

Carl C. Meier, Lou L. Jurgemeyer and A. John Frey, Jr. of Jurgemeyer & Eddy, Clinton, Iowa, Ralph H. Heninger and G. P. Schutte of Heninger & Heninger, Davenport, Iowa, for plaintiff.

Melville Bowen, Jr., and George Sotos of Meyers & Matthias, Chicago, Ill., Robert V. P. Waterman of Lane & Waterman, Davenport, Iowa, for Lamson Bros.

John T. Nolan of Nolan, Lucas & Nolan, Iowa City, Iowa, and F. James Foley, Jr., Chicago, Ill., for Alan Grigg.

MEMORANDUM AND ORDER

STUART, District Judge.

This matter is before the Court on motion of defendant Lamson Bros. & Co. (Lamson) to dismiss so much of the complaint as pertains to alleged violations of the Securities Act of 1933, 15 U.S.C. § 77a et seq., and the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., on the ground that the discretionary commodities trading contract that underlies this law suit is not a security as that term...

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