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MORDAUNT v. INCOMCO

No. 78-3499.

686 F.2d 815 (1982)

Monte R. MORDAUNT, an individual, and Dorothy Mordaunt, an individual, Plaintiffs/Appellees, v. INCOMCO, a partnership, and Myron J. Smith and Phillip M. Smith, general partners, Defendants/Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn March 25, 1981.

Resubmitted June 2, 1982.

Decided September 9, 1982.

Attorney(s) appearing for the Case

Leonard Toboroff, Toboroff, Gottesman & Lovell, New York City, argued, for defendants/appellants; Donald J. Farley, Paul S. Penland, Moffatt, Thomas, Barrett & Blanton, Boise, Idaho, on brief.

William F. Neilsen, Hamblen, Gilbert & Brooke, Spokane, Wash., for plaintiffs/appellees.

Before SKOPIL and POOLE, Circuit Judges, and HALBERT, Senior District Judge.

POOLE, Circuit Judge.

Incomco, a partnership engaged in the brokerage of commodities futures contracts, and its two general partners1 appeal a judgment of the district court awarding damages, interest and attorneys' fees to Monte and Dorothy Mordaunt.

The Mordaunts opened discretionary commodities trading accounts with Incomco. When their accounts proved unsuccessful, the Mordaunts withdrew their money. They then filed suit alleging...

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