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CANGE v. STOTLER AND CO.

Nos. 88-2382, 88-2628 and 89-1082.

913 F.2d 1204 (1990)

Joseph P. CANGE, Plaintiff-Appellee, Cross-Appellant, v. STOTLER AND COMPANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 17, 1990.

Attorney(s) appearing for the Case

John G. Jacobs, Jonah Orlofsky, Robert Plotkin, Barbara Smith, and Jeffrey G. Brown, Plotkin & Jacobs, Chicago, Ill., for Joseph P. Cange.

Thomas F. Kolter, Jeffrey M. Henderson, and Henry K. Becker, Stotler & Co., Chicago, Ill., for Stotler and Co., Inc., an Illinois limited partnership.

Before BAUER, Chief Judge, and WOOD, Jr., Circuit Judge, and FAIRCHILD, Senior Circuit Judge.

FAIRCHILD, Senior Circuit Judge.

We revisit a dispute between an Alaskan investor, Joseph P. Cange, and a commodities futures merchant headquartered in Chicago, Stotler and Company. Mr. Cange has sued Stotler in an attempt to recover losses he suffered from unauthorized trading on his commodities futures account. His suit was originally dismissed by the district court on a motion to dismiss (treated as a motion for summary judgment), because he did not sue within...

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