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COMMOD. FUTURES TRAD. v. BRITISH AMER. COMMOD. OPT.

No. 1022, Docket 85-6152.

788 F.2d 92 (1986)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee, v. BRITISH AMERICAN COMMODITY OPTIONS CORPORATION and John Forma, Defendants, Appeal of John FORMA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 15, 1986.

Attorney(s) appearing for the Case

Paul Chernis, New York City (Lowy & Chernis, New York City, on brief), for defendant-appellant John Forma.

Edward S. Geldermann, Atty., Commodity Futures Trading Com'n, Washington, D.C. (Pat G. Nicolette and Whitney Adams, Deputy General Counsels, Washington, D.C., on brief), for plaintiff-appellee.

Before MANSFIELD, TIMBERS and MESKILL, Circuit Judges.

PER CURIAM:

Appellant John Forma, the sole shareholder of British American Commodity Options Corp. ("BACO"), appeals from an order entered April 17, 1985 in the Southern District of New York, Lee P. Gagliardi, District Judge, requiring appellant to disgorge the income which he received from BACO in 1977. Appellant claims that the court erred in requiring disgorgement because the Commission failed to establish a nexus between the proceeds from BACO and the wrongful...

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