PSIMENOS v. E.F. HUTTON & CO., INC.

No. 43, Docket 83-7178.

722 F.2d 1041 (1983)

John PSIMENOS, Plaintiff-Appellant, v. E.F. HUTTON & COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Finally Submitted October 26, 1983.

Decided November 28, 1983.


Attorney(s) appearing for the Case

Michael C. Devine, New York City (Kieffer & Hahn, New York City, of counsel), for plaintiff-appellant.

Thomas J. Kavaler, New York City (Cahill Gordon & Reindel, New York City, Thomas F. Curnin, Joel E. Davidson, Julie A. Petruzzelli, New York City, of counsel), for defendant-appellee.

Kenneth M. Raisler, Gen. Counsel, Commodity Futures Trading Com'n, Washington, D.C. (Pat G. Nicholette, Deputy Gen. Counsel, Jeri E. Ruscoll, Washington, D.C., of counsel), for Commodity Futures Trading Com'n, as amicus curiae.

Daniel L. Goelzer, Gen. Counsel, S.E.C., Washington, D.C. (Jacob H. Stillman, Associate Gen. Counsel, Elisse B. Walter, Asst. Gen. Counsel, Elizabeth E. Ashcraft and Paul Gonson, Sol., Washington, D.C., of counsel), for S.E.C., as amicus curiae.

Before FEINBERG, Chief Judge, and LUMBARD and NEWMAN, Circuit Judges.


LUMBARD, Circuit Judge:

Plaintiff John Psimenos, a citizen and resident of Greece, brought this action under the anti-fraud provisions of the Commodities Exchange Act, 7 U.S.C. § 1 et seq. (1982) ("CEA"),1 as well as under common law contract and agency principles against E.F. Hutton & Company, a Delaware corporation having its principal place of business in New York, for damages resulting...

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