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COMMODITY FUTURES TRADING COM'N v. AVCO FINANCIAL CORP.

No. 97 Civ. 3119(JFK).

979 F.Supp. 232 (1997)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. AVCO FINANCIAL CORP., Anthony Vartuli and J. Michael Gent, Defendants.

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

September 29, 1997.

Attorney(s) appearing for the Case

Commodity Futures Trading Commission, New York, NY (Ernesto Marrero, Jr., Karl D. Cooper, of Counsel), for plaintiff.

Parson & Brown, New York, NY (Paul M. Brown, of Counsel), for defendants.

OPINION and ORDER

KEENAN, District Judge.

Before the Court is the Defendants' motion to dismiss this action, pursuant to Fed.R.Civ. Pro. 12(b)(6), for failure to state a claim upon which relief may be granted. For the reasons stated below, the Court denies the motion.

Background

A. The Underlying Action

This civil enforcement action brought by the Commodity Futures Trading Commission (the "CFTC") is based upon Defendant...

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