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ALKEN v. LERNER

Civ. A. No. 79-0023.

485 F.Supp. 871 (1980)

Henry ALKEN, Plaintiff, v. Stanley LERNER and E. F. Hutton & Co., Inc., Defendants.

United States District Court, D. New Jersey.

February 22, 1980.

Attorney(s) appearing for the Case

Wayne D. Greenstone, Greenstone, Greenstone & Naishuler, Newark, N. J., for plaintiff.

James Greenberg, Greenberg, Shmerelson, Greenberg & Weinroth, Camden, N. J., and Daniel E. Bacine, Barrack, Rodos & McMahon, Philadelphia, Pa., for defendants.

OPINION

GERRY, District Judge.

This is an action for violations of the anti-fraud provisions of the Commodity Exchange Act (the "Act"), as amended by the Commodity Futures Trading Commission Act of 1974, 7 U.S.C. § 1 et seq.,1 and of common law fiduciary duties owed by professionals to a customer. In addition, plaintiff alleges that defendants acted negligently with respect to his commodity trading account with defendants...

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