LASKER, District Judge.
Defendants Commodity Exchange, Inc. ("Comex") and the members of the Comex Board of Governors ("Governors") move pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure to dismiss the amended complaint. The motion is denied.
In his original complaint, Bishop alleged that the Governors enacted the "liquidation only rule" ("the rule") in bad faith, in that they did so "[i]n order to derive direct financial benefits...
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