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CFTC v. AMERICAN METALS EXCHANGE CORP.

Nos. 91-5935, 91-5998.

991 F.2d 71 (1993)

COMMODITY FUTURES TRADING COMMISSION; State of New Jersey; State of Florida v. AMERICAN METALS EXCHANGE CORP.; Anglo Swiss Metals, Ltd.; F.C. & M. Investment Corp.; and Bill Frank; Trans World Metals Corporation; Amalgamated Redemption Centers, Inc.; Robert Maxwell, a/k/a Robert Lebovich; Michael Jebrock. Robert and Ethel Miner, Movants. Robert Maxwell a/k/a Robert Lebovich, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 8, 1993.

Attorney(s) appearing for the Case

Joanne T. Medero, Gen. Counsel, Jay L. Witkin, Deputy Gen. Counsel, James T. Kelly (argued), Asst. Gen. Counsel, Commodity Futures Trading Com'n, Washington, DC, for Commodity Futures Trading Com'n.

Robert J. Del Tufo, Atty. Gen. of N.J., Kelly A. Lynch, Newark, NJ for State of NJ.

Robert K. Good, State of Fla., Dept. of Banking & Finance, Orlando, FL, for State of FL.

William F. Maderer, Robert B. Nussbaum, Saiber, Schlesinger, Satz & Goldstein, Newark, NJ, Elkan Abramowitz (argued), Barry A. Bohrer, Jeremy H. Temkin, Morvillo, Abramowitz, Grand, Iason & Silberberg, New York City, for Robert Maxwell a/k/a Robert Lebovich.

Before BECKER, NYGAARD and ROTH, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

In this action, filed under the Commodity Exchange Act and the securities laws of New Jersey and Florida, defendant Robert Maxwell appeals the district court's orders granting summary judgment and ancillary relief in favor of plaintiffs, the Commodity Futures Trading Commission ("CFTC") and the states of New Jersey and Florida. Specifically, Maxwell challenges the court's decision to freeze his assets and its orders...

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