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ANDERSON v. STEPHENS

No. 87-2045.

875 F.2d 76 (1989)

S. Wayne ANDERSON; Dwight E. Jefferson, Plaintiffs-Appellants, and Commodity Futures Trading Commission, Plaintiff, v. Calvin P. STEPHENS, Jr.; Charles W. Jones; Eddie Adkerson; Ellis W. Dalton; Calvin R. Tuck; Fred L. Barksdale; Robert C. Pruitt; G.H. Pippin, Appellees, and Warren R. Franklin, a/k/a Ricky Franklin, d/b/a Futures Investment Group, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided May 11, 1989.

Attorney(s) appearing for the Case

Luis A. Abreu, Danville, Va. (W. Carrington Thompson, Chatham, Va., Clement & Wheatley, Danville, Va., on brief) for plaintiffs-appellants.

Before RUSSELL and HALL, Circuit Judges, and KNAPP, Senior United States District Judge for the Southern District of West Virginia, sitting by designation.

PER CURIAM:

This case presents an appeal by two individuals who invested in a fraudulent commodity futures investment group. They claim that the district court erred by ordering that their checks, negotiated after the futures bank account was frozen, be included with other funds in the account for the purposes of a pro rata distribution to all investors. For the reasons discussed below, we reverse the judgment of the district court.

I.

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