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MALOLEY v. R.J. O'BRIEN & ASSOCIATES, INC.

No. 86-1533.

819 F.2d 1435 (1987)

Zickie Z. MALOLEY, Petitioner, v. R.J. O'BRIEN & ASSOCIATES, INC.; Robert Gottsch; Clifford Spencer Roberts; and Commodity Futures Trading Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided May 19, 1987.

Judgment June 12, 1987.

Rehearing and Rehearing Denied August 13, 1987.

Attorney(s) appearing for the Case

Robert L. Nefsky, Lincoln, Neb., for petitioner.

Edward S. Geldermann, Washington, D.C., for respondents and the Commodity Futures Trading Com'n.

Before HEANEY, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and HUNTER, Senior District Judge.

Rehearing and Rehearing En Banc Denied August 13, 1987.

HEANEY, Circuit Judge.

This case presents the question whether certain reparations claims before the Commodity Futures Trading Commission (CFTC) were brought within the applicable statute of limitations period. We affirm in part, reverse in part, and remand the case to the CFTC for further consideration.

I. BACKGROUND.

In April of 1978, appellant, Zickie Maloley, opened a nondiscretionary...

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