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JARRETT v. KASSEL

Nos. 91-5766, 91-5787.

972 F.2d 1415 (1992)

Dr. Charles JARRETT, Jr., and Edward Austin, individually and on behalf of all Purchasers of Contracts for delivery of coal from National Coal Exchange, Plaintiffs-Appellants, Cross-Appellees, v. Robert L. KASSEL, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 4, 1992.

Rehearing and Rehearing Denied September 17, 1992.

Attorney(s) appearing for the Case

Erich W. Merrill (argued and briefed), Schaeffer & McCrary, Memphis, Tenn., for Erich Merrill, Dr. Charles L. Jarrett, Jr., and Edward Austin, et al.

Lewie R. Polk, III, Hal Gerber (argued and briefed), Gerber Law Offices, Memphis, Tenn., for Robert L. Kassel.

Before: GUY and RYAN, Circuit Judges; and JOINER, Senior District Judge.

Rehearing and Rehearing En Banc Denied September 17, 1992.

RYAN, Circuit Judge.

Plaintiffs, Dr. Charles L. Jarrett, Jr. and Edward Austin, et al., appeal the district court's grant of summary judgment for the defendant, Robert L. Kassel, on their claims that Kassel conspired with others to sell contracts to the plaintiffs for future delivery of coal, in violation of the Commodity Exchange Act, 7 U.S.C. §§ 6, 6a, 6b(A), 6b(C), 6h(1), and 6o

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