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MESSER v. E.F. HUTTON & CO.

No. 86-3602.

847 F.2d 673 (1988)

W. Floyd MESSER, Sr., individually, Plaintiff-Appellant, v. E.F. HUTTON & CO., a Delaware corporation, Raphael M. Kelly, individually, Henry Herschaft, individually, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 16, 1988.

Attorney(s) appearing for the Case

A. August Quesada, Jr., Wildt, Quesada & Walker, Jacksonville, Fla., Kathleen A. McDonough, James Curt Bohling, Marshall E. Hanbury, Jay L. Witkin, Commodity Futures Trading Comm., Washington, D.C., for plaintiff-appellant.

Nicholas V. Pulignana, Jr., Mattox S. Hair, Delbridge L. Gibbs, Mary C. Wood, Marks, Gray, Conroy & Gibbs, Jacksonville, Fla., for defendants-appellees.

Before JOHNSON and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.

ON PETITION FOR REHEARING

(Opinion Dec. 7, 1987, 11 Cir., 833 F.2d 909).

PER CURIAM:

Upon publication of the panel opinion, the Commodity Futures Trading Commission (CFTC) moved this Court for leave to file a brief as amicus curiae in support of rehearing. The panel granted the motion and has since received the brief in addition to responses from appellant and appellees. The CFTC has raised issues with regard to...

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