GASKILL v. GORDON

Nos. 96-1115, 96-3759.

160 F.3d 361 (1998)

Paul GASKILL and Alan L. Hess, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Earl D. GORDON, et al., Defendants-Appellants, Appeal of Jeffrey Cagan, et al.

United States Court of Appeals, Seventh Circuit.

Decided November 3, 1998.


Attorney(s) appearing for the Case

Stephen B. Diamond, Lawrence W. Schad, Beller, Schad & Diamond, Chicago, IL, for Paul Gaskill and Alan L. Hess in No. 96-1115.

Steven P. Handler, McDermott, Will & Emery, Chicago, IL, Martha W. Berzon, Schwartz, Cooper, Greenberger & Krauss, Chicago, IL, for Earl D. Gordon, Kenneth F. Boula, Financial Concepts Limited, KFB Securities, Inc., Gordon Management Services, Inc., Mega Media Advertising, Greater Metropolitan Realty, Illinois Investors Fund, Continental Investment Security Enterprises, and Investor Services Unlimited in No. 96-1115.

Ronald R. Peterson (argued), Timothy J. Chorvat, Jenner & Block, Chicago, IL, Stephen B. Diamond, Lawrence W. Schad, Beeler, Schad & Diamond, Chicago, IL, for Cagan Management, Inc., Beeler, Schad & Diamond, and Morrison & Morrison in Nos. 96-1115 and 96-3759.

Ronald R. Peterson (argued), Timothy J. Chorvat, Jenner & Block, Chicago, IL, Stephen B. Diamond, Lawrence W. Schad, Beeler, Schad & Diamond, Chicago, IL, David A. Genelly, Fishman & Merrick, Chicago, IL, for Fishman & Merrick in Nos. 96-1115 and 96-3759.

Ronald R. Peterson (argued), Timothy J. Chorvat, Jenner & Block, Chicago, IL, Stephen B. Diamond, Lawrence W. Schad, Beeler, Schad & Diamond, Chicago, IL, for Jeffrey Cagan in No. 96-3759.

Stephen B. Diamond, Lawrence W. Schad, James Shedden, Beeler, Schad & Diamond, Chicago, IL, for Paul Gaskill and Alan L. Hess in No. 96-3759.

Steven P. Handler, McDermott, Will & Emery, Chicago, IL, Martha W. Berzon, Schwartz, Cooper, Greenberger & Krauss, Chicago, IL, Steven G.M. Stein, Stein, Ray & Conway, Chicago, IL, for Earl D. Gordon, Kenneth F. Boula, Financial Concepts Ltd., KFB Securities, Inc., and Gordon Management Services, Inc. in No. 96-3759.

Before POSNER, Chief Judge, and CUMMINGS and EVANS, Circuit Judges.


POSNER, Chief Judge.

In 1988 a class action was filed in federal district court on behalf of a number of investors who had bought limited partnership interests from Earl Gordon and Kenneth Boula. The suit claimed that the defendants had defrauded the members of the class by a Ponzi scheme, in violation of federal and state law. The court appointed Jeffrey Cagan as receiver of the properties controlled by the defendants. In seven years of litigation, primarily against...

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