COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee,
v.
CHILCOTT PORTFOLIO MANAGEMENT, INC.; Chilcott Commodities Corporation; Thomas D. Chilcott; and Thomas D. Chilcott, d/b/a Chilcott Futures Fund, Defendants,
Shearson/American Express, Inc., Appellant in No. 82-2461, Boettcher & Company, Appellant in No. 82-2462, Platte View Bluffs Developments, Inc., Wayne E. Collins, II, Kim Collins, Kent Collins, Mark Collins, Tyson Collins, Sean Collins, Kirk Collins, Richard W. Nyman, Mildred E. Nyman, 7-C's Investments, Inc., and Ned E. Collins, Appellants in No. 82-2518, W.J. Forster, U. Forster, Acambaro Investment N.V., a Netherlands Antilles corporation, General Efficiency Establishment, a Principality of Liechtenstein corporation, Inwitax Ag, a Switzerland corporation, Midas Marketing & Investment Planning Ltd., a Cayman Islands corporation, Roger Wolf, Toni Stiffler, and C. Neven-Dumont, Appellants in No. 82-2460, and Elsie Baader, et al., Appellants in No. 82-2517, Appellants,
James P. Johnson, Receiver for Chilcott Portfolio Management, Inc., Chilcott Commodities Corporation, and Chilcott Futures Fund, Appellee.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
July 25, 1983.
July 25, 1983.
Attorney(s) appearing for the Case
Kenneth M. Raisler, Acting Gen. Counsel and Nancy E. Yanofsky, Atty., Washington, D.C., for Commodity Futures Trading Com'n, plaintiff-appellee (oral argument waived by counsel for the Com'n, submitting their position on the briefs).
Kenneth C. Groves, Denver, Colo. (Rodney R. Patula and Elaine A. Menter of Pryor, Carney & Johnson, Englewood, Colo., and Arthur E. March, Jr., of March, March, Myatt, Korb & Carroll, Fort Collins, Colo., of counsel, were on the brief), for James P. Johnson, as Equity Receiver for the Chilcott Futures Fund, appellee.
Stephen W. Myers of Wentworth & Ludin, Phoenix, Ariz. (Edwin S. Kahn of Kelly, Haglund, Garnsey & Kahn, Denver, Colo. and David S. Shughart, II, Phoenix, Ariz., were also on the brief), for appellants Elsie Baader, et al., in No. 82-2517.
Howard C. Buschman, III, of Willkie Farr & Gallagher, New York City (John R. Dutt of Willkie Farr & Gallagher, New York City, and Gorsuch, Kirgis, Campbell, Walker & Grover, John S. Pfeiffer, Robert E. Warren, Jr., S. Lee Terry, Jr., and Mark E. Haynes, of Denver, Colo., were also on the brief), for appellant Shearson/American Exp., Inc. in No. 82-2461.
David M. Ebel of Davis, Graham & Stubbs, Denver, Colo. (Glen E. Keller, Jr., Michael John Gallagher of Davis, Graham & Stubbs, Denver, Colo., and John S. Lutz, Denver, Colo., and Perry L. Taylor, Jr., of Katten, Muchin, Zavis, Pearl & Galler, Chicago, Ill., of counsel, were also on the brief), for appellant Boettcher & Co. in No. 82-2462.
Charles E. Matheson of Fairfield & Woods, Denver, Colo., on the brief for appellants W.J. Forster, et al. in No. 82-2460.
Charles F. Brega and Stuart N. Bennett of Roath & Brega, Denver, Colo., were on the brief, for appellants Platte View Bluffs Developments, Inc., et al. in No. 82-2518.
Before HOLLOWAY, BARRETT and DOYLE, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HOLLOWAY, Circuit Judge.
These consolidated appeals have been taken from an order entered by the District Court which stayed all proceedings in seven other suits in that court and, in addition, stayed one action in the District Court of Arizona and one in an Arizona state court. All of the cases arose from the allegedly fraudulent commodities investment activities of Thomas D. Chilcott. A general overview of the factual background and procedural history of the cases...
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