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COMMODITY FUTURES TRADING v. HERITAGE CAPITAL

No. 83-1691.

736 F.2d 384 (1984)

COMMODITY FUTURES TRADING COMMISSION and Tyrone C. Fahner, Attorney General of the State of Illinois, Plaintiffs-Appellees, v. HERITAGE CAPITAL ADVISORY SERVICES, LTD., Jeffrey W. Weaver and Ward A. Weaver, Defendants-Appellees, Appeal of SAELENS BEVERAGES, INC., Proposed Intervenor.

United States Court of Appeals, Seventh Circuit.

Decided May 10, 1984.

Attorney(s) appearing for the Case

Dwayne I. Morrison, Barash, Stoerzbach & Henson, Galesburg, Ill., for proposed intervenor.

Helen G. Blechman, C.F.T.C., Washington, D.C., for plaintiffs-appellees.

Before CUMMINGS, Chief Judge, COFFEY, Circuit Judge, and HENLEY, Senior Circuit Judge.

CUMMINGS, Chief Judge.

Saelens Beverages, Inc. appeals the denial of its motion to intervene as a matter of right, pursuant to Fed.R.Civ.P. 24(a)(2),1 in the enforcement action maintained by the Commodity Futures Trading Commission (CFTC) and the State of Illinois against Heritage Capital Advisory Services, Ltd., and its principals Jeffrey and Ward Weaver.2 Pursuant to that action initiated in the district...

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