HERMAN v. T. & S. COMMODITIES, INC.

82 CIV 4855 (LBS).

592 F.Supp. 1406 (1984)

Dennis A. HERMAN, Plaintiff, v. T & S COMMODITIES, INC. and Robert Sherman, Defendants.

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

June 29, 1984.


Attorney(s) appearing for the Case

Schulte Roth & Zabel, New York City, for plaintiff; David M. Brodsky, E. Scott Gilbert, New York City, of counsel.

Baer, Marks & Upham, New York City, for defendants; Barry J. Mandel, Allan Dinkoff, New York City, of counsel.


OPINION

SAND, District Judge.

Plaintiff, Dennis Herman, was an investor in commodities with defendant, T. & S. Commodities, Inc. ("T & S"), a futures commission merchant and member of the Commodity Exchange, Inc. or "Comex." Co-Defendant Robert Sherman formerly worked for T & S as Vice-President in charge of operations. In June of 1982, plaintiff, assisted by Sherman, established a commodities trading account at T & S. Shortly thereafter...

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