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NATIONAL COMMODITY & BARTER ASS'N v. GIBBS

Civ. A. No. 87-S-500.

790 F.Supp. 233 (1991)

NATIONAL COMMODITY & BARTER ASSOCIATION, National Commodity Exchange, Plaintiffs, v. Lawrence R. GIBBS, et al., Defendants.

United States District Court, D. Colorado.

November 27, 1991.

Attorney(s) appearing for the Case

William Allan Cohan, Cohan & Greene, Denver, Colo. and Jennifer A. Greene, Cohan & Greene, Encinitas, Cal., for plaintiffs.

Michael J. Norton, U.S. Atty., William G. Pharo, U.S. Attorney's Office, Civ. Div., Denver, Colo., and S. Hollis Fleischer, U.S. Dept. of Justice, Tax Div., Trial Attorney Office of Sp. Litigation, Washington, D.C., for defendants.

ORDER

SPARR, District Judge.

THIS MATTER comes before the Court on Defendants' motion to dismiss the third amended complaint or for summary judgment. In light of the particular circumstances of this case, a brief description of its procedural history is in order.

Procedural History

The third amended complaint was filed on November 27, 1989. On March 30, 1988, Judge Weinshienk dismissed the complaint and cause of action. Plaintiffs appealed...

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