STOTLER AND CO. v. ABLE

No. 87-2460.

870 F.2d 1158 (1989)

STOTLER AND COMPANY, Plaintiff-Appellant, Cross-Appellee, v. William J. ABLE, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 23, 1989.


Attorney(s) appearing for the Case

Stephen D. Libowsky, Katten, Muchin & Zavis, Michael W. Coffield, Coffield, Ungaretti, Harris & Slavin, Chicago, Ill., for defendant-appellee, cross-appellant.

Thomas Kotter, Chicago, Ill., for plaintiff-appellant, cross-appellee.

Before CUMMINGS, FLAUM and KANNE, Circuit Judges.


KANNE, Circuit Judge.

Stotler and Company, a futures commission merchant, brought an action in the district court to recover an alleged deficit in William J. Able's discretionary trading account. Stotler received a writ of attachment, freezing Able's assets at J.F. Dalton Associates' commodities futures trading house. The district court later dismissed the action and vacated the writ of attachment. However, because of confusion...

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