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MAYOZA v. HEINOLD COMMODITIES, INC.

No. 88-1432.

871 F.2d 672 (1989)

James C. MAYOZA, M.D., an individual and Trustee of the James C. Mayoza, M.D., Inc. Defined Pension Plan Trust, an Oklahoma trust, and the James C. Mayoza, M.D., Inc., Pension Fund Rollover Trust, an Oklahoma trust, Plaintiffs-Appellants, v. HEINOLD COMMODITIES, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 29, 1989.

Attorney(s) appearing for the Case

J. Stephen Welch, Albright & Welch, P.C., Tulsa, Okl., for plaintiffs-appellants.

Michael Elman, Chicago, Ill., for defendant-appellee.

Before COFFEY, RIPPLE and KANNE, Circuit Judges.

COFFEY, Circuit Judge.

The plaintiff-appellant, Dr. James Mayoza, an investor in commodity futures, lost a substantial sum of money with the collapse of the silver futures market in late February of 1982. Subsequently, he filed suit in his own name and as trustee of two pension trust funds against Heinold Commodities, Inc. and two of its brokers, Leo and James Croley, alleging breach of contract and violation of the Commodity Exchange Act (7 U.S.C. § 1, et...

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