No. 95 Civ. 1420 (MBM).

923 F.Supp. 557 (1996)

Matthis KOLBECK, et al., Plaintiffs, v. LIT AMERICA, INC., et al., Defendants.

United States District Court, S.D. New York.

April 24, 1996.

Attorney(s) appearing for the Case

Phillip Karasyk, Dienst & Serrins, New York City, John E. Dolkart, Dolkart & Associates (Attorney for Plaintiffs), Chicago, IL, for Plaintiffs.

Walter C. Greenough, Francine N. Tobin, Schiff Hardin & Waite, Chicago, IL, for Defendant LIT America, Inc.

Bradley J. Andreozzi, Mayer, Brown & Platt, New York City, Howard J. Roin, Robert M. Dow, Jr., Mayer, Brown & Platt, Chicago, IL, for Defendants Refco, Inc. and Leonard Alpert.

MUKASEY, District Judge.

Plaintiffs Georg Kolbeck et. al. are 32 German, Austrian, Swiss and Italian investors suing four brokerage companies — LIT America, Inc., Refco, Inc., Angus Jackson, Inc., and Augustine Management — and four individuals, Michael E. Rose, Leonard Alpert, John C. Jennison III, and Lawrence Rose, for fraud and conversion under the Commodity Exchange Act, ("CEA"), and fraud, negligence, and breach of fiduciary duty under New...

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