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COMMODITY FUTURES TRADING COM'N v. FRANKLIN

Civ. A. No. 86-0032.

643 F.Supp. 386 (1986)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. Warren R. FRANKLIN a/k/a Ricky Franklin, d/b/a Futures Investment Group, Defendant.

United States District Court, W.D. Virginia, Danville Division.

September 3, 1986.

Attorney(s) appearing for the Case

Steven W. Widerman, Matthew J. Elkan, Commodity Futures Trading Com'n., Washington, D.C., John P. Alderman, U.S. Atty., Roanoke, Va., Randy W. Sinclair, Fowler, Sinclair & Hurd, Danville, Va., for plaintiff.

James P. Kent, Jr., Kent & Kent, Altavista, Va., for defendant.

Paul J. Pantano, Jr., Metzger, Shadyac & Schwarz, Washington, D.C., equity receiver.

MEMORANDUM OPINION

TURK, Chief Judge.

This case arises under the Commodities Futures Trading Commission Act ("the Act"), 7 U.S.C. § 1 et seq. (1982). The present dispute centers on the Receiver's proposed plan for distributing the remaining funds of 161 investors which have been kept in an insured receivership account. See Receiver's First Interim Report ("Report"). The court has jurisdiction of this case pursuant to 7 U.S.C. § 13a...

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