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DAMATO v. HERMANSON

Nos. 97-1975, 97-1976.

153 F.3d 464 (1998)

Glenn DAMATO, Deborah Damato, Ann De La Garza, et al., Plaintiffs-Appellants, v. John HERMANSON, First Commercial Financial Group, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 1998.

Rehearing and Suggestion for Rehearing Denied September 15, 1998.

Attorney(s) appearing for the Case

Edward T. Joyce (argued), Joyce & Associates, Chicago, IL, for Plaintiffs-Appellants in No. 97-1975.

Edward T. Joyce (argued), Arthur W. Aufmann, Rowena T. Paras, Joyce & Associates, Chicago, IL, for Plaintiffs-Appellants in No. 97-1976.

Scott E. Early (argued), Joan M. Kubalanza, Jeffery S. Norman, Todd A. Strother, Foley & Lardner, Chicago, IL, for First Commercial Financial Group, Inc., in No. 97-1975.

David A. Genelly, Robert A. Vanasco, Megan A. O'Brien, Fishman & Merrick, Chicago, IL, Scott E. Early (argued), Joan M. Kubalanza, Jeffery S. Norman, Todd A. Strother, Foley & Lardner, Chicago, IL, for First Commercial Financial Group, Inc., in No. 97-1976.

Susan A. Berkowitz, Commodity Futures Trading Commission, Chicago, IL, Daniel Waldman, Commodity Futures Trading Commission, Office of the General Counsel, Washington, DC, for Amicus Curiae.

Before BAUER, RIPPLE and KANNE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 15, 1998.

RIPPLE, Circuit Judge.

The plaintiffs filed a complaint against several defendants alleging violations of various state and federal laws in connection with the plaintiffs' purchases of interests in a commodity pool operated by defendant Buff Hoffberg. This appeal involves only the district court's dismissal of Count VI of the plaintiffs' second amended complaint. In that count, the plaintiffs...

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