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J.E. HOETGER & CO. v. ASCENCIO

Civ. A. No. 82-72798.

572 F.Supp. 814 (1983)

J.E. HOETGER & CO., a Michigan corporation, Plaintiff, v. Ruben ASCENCIO, Jr., individually, and Merrill Lynch, Pierce, Fenner & Smith, Inc., a Delaware corporation, jointly and severally, Defendants, and MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a Delaware corporation, Counter-Plaintiff, v. J.E. HOETGER & CO., a Michigan corporation, Counter-Defendant.

United States District Court, E.D. Michigan, S.D.

October 12, 1983.

Attorney(s) appearing for the Case

Elwood S. Simon, Lawrence M. Dudek, Southfield, Mich., for plaintiff.

Douglas G. Graham, Dennis K. Egan, Detroit, Mich., for defendants.

OPINION

FEIKENS, Chief Judge.

This action arises out of commodity trading transactions involving plaintiff counter-defendant J.E. Hoetger & Co., defendant Ruben Ascencio, and defendant counter-plaintiff Merrill Lynch, Pierce, Fenner & Smith. Plaintiff claims that in the course of such transactions defendants made misrepresentations and omissions of material fact which violated provisions of the Commodity Exchange Act (CEA), 7 U.S.C. § 1 et...

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