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CAUBLE v. MABON NUGENT & CO.

No. 82 Civ. 7176 (ADS).

594 F.Supp. 985 (1984)

Rex C. CAUBLE, Plaintiff, v. MABON NUGENT & CO., et al., Defendants.

United States District Court, S.D. New York.

August 28, 1984.

Attorney(s) appearing for the Case

Gersten, Savage & Kaplowitz, New York City, for plaintiff; Marvin Gersten, Paul J. Giacomo, Jr., New York City, of counsel.

Cadwalader, Wickersham & Taft, New York City, for defendants; Michael Gerard Dolan, Earl H. Nemser, Joseph Polizzotto, New York City, of counsel.

OPINION AND ORDER

SOFAER, District Judge.

Plaintiff Rex Cauble ("Cauble") brought this action against Mabon, Nugent and Co. ("Mabon"), a commodities brokerage partnership, and two of its general partners, Jeffrey Pollack and Leon Pollack, seeking relief on nine causes of action under both the Commodity Exchange Act ("CEA") and state law. Four counts — including fraudulent trading under § 4b of the CEA, 7 U.S.C. § 6b (1982), aiding and abetting...

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