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INDEMNIFIED CAPITAL INV. v. R.J. O'BRIEN & ASSOC.

No. 93-1223.

12 F.3d 1406 (1993)

INDEMNIFIED CAPITAL INVESTMENTS, SA., Plaintiff-Appellant, v. R.J. O'BRIEN & ASSOCIATES, INCORPORATED, John W. O'Brien, Robert J. O'Brien, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 30, 1993.

Attorney(s) appearing for the Case

John E. Dolkart (argued), Chicago, IL, for plaintiff-appellant.

Lloyd A. Kadish (argued), Kadish & Associates, Arthur W. Hahn, and Ronald S. Betman (argued), Katten, Muchin & Zavis, Chicago, IL, for defendants-appellees.

Before CUMMINGS and COFFEY, Circuit Judges, and ZAGEL, District Judge.

COFFEY, Circuit Judge.

The plaintiff, Indemnified Capital Investments ("ICI"), brought this action against the defendants alleging fraud, breach of fiduciary duty, and violations of the Commodity Exchange Act ("CEA"), 7 U.S.C.A. §§ 1-25 (West Supp.1993). The district court dismissed the complaint on the ground that the plaintiff lacked standing to bring the suit. The plaintiff appeals the dismissal as well as the trial court's failure to permit the plaintiff...

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