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COMMODITY FUT. TRADING v. CHILCOTT PORTFOLIO MAN.

No. 82-1261.

725 F.2d 584 (1984)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee, Howard Barber, Applicant in Intervention-Appellant, v. CHILCOTT PORTFOLIO MANAGEMENT, INC., Chilcott Commodities Corporation, Thomas D. Chilcott, Thomas D. Chilcott d/b/a Chilcott Futures Fund and David Neenan, Defendants-Appellees, and James P. Johnson, Receiver-Appellee.

United States Court of Appeals, Tenth Circuit.

January 19, 1984.

Attorney(s) appearing for the Case

Elizabeth Duncan, Winterset, Iowa, for Howard Barber, applicant in intervention-appellant.

Dennis A. Dutterer, General Counsel, Kenneth M. Raisler, Deputy General Counsel, and Gregory C. Glynn, Associate General Counsel, Washington, D.C., for Commodity Futures Trading Commission, plaintiff-appellee.

Arthur E. March, Jr. of March, Myatt, Korb, Carroll & Brandes, Fort Collins, Colo., for James P. Johnson, receiver-appellee.

Before SETH, Chief Judge, and McWILLIAMS and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

By agreement of the parties, this appeal is submitted on the briefs, both parties waiving oral argument.

Chilcott Commodities Corporation (CCC) is a Michigan corporation with its principal place of business in Fort Collins, Colorado. Chilcott Portfolio Management, Inc. (CPM) is a Colorado corporation with its principal place of business in Fort Collins, Colorado. Thomas D. Chilcott, a resident of Fort Collins, Colorado, is the president...

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