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BOWLEY v. STOTLER & CO.

No. 84-1104.

751 F.2d 641 (1985)

Arthur W. BOWLEY, Appellant, v. STOTLER & CO. and John Mulach c/o Stotler & Co., Appellees.

United States Court of Appeals, Third Circuit.

Decided January 8, 1985.

Attorney(s) appearing for the Case

Kenneth E. Aaron (Argued), A. Ronald Taxin, Philadelphia, Pa., for appellant.

Thomas F. Kolter (Argued), Chicago, Ill., Patricia L. Freeland, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellees.

Kenneth M. Raisler, Gen. Counsel, Pat G. Nicolette, Whitney Adams, Deputy Gen. Counsels, H. Lowell Brown, Atty., Commodity Futures Trading Com'n, Washington, D.C., for amicus curiae.

Before GIBBONS and GARTH, Circuit Judges, and TEITELBAUM, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Arthur Bowley, a former customer of Stotler & Co., a commodities broker, appeals from an order denying his motion for judgment notwithstanding the verdict or a new trial, in his action seeking money damages from Stotler & Co. and John Mulach, a registered commodities broker employed by Stotler. Bowley's complaint alleges that Mulach engaged in churning of his account in violation of section 4b(A) of the...

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