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LACHMUND v. ADM INVESTOR SERVICES, INC.

No. 98-3467.

191 F.3d 777 (1999)

Tom LACHMUND, Plaintiff-Appellant, v. ADM INVESTOR SERVICES, INCORPORATED, a Delaware Corporation, a/c Trading Company, an Indiana general partnership doing business as a/c Trading 2000, and Demeter Incorporated, an Indiana corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 13, 1999.

Attorney(s) appearing for the Case

Nicholas P. Iavarone (argued), Bellows & Bellows, Chicago, IL, for Tom Lachmund.

Timothy C. Klenk, Richard J. Rappaport (argued), Ross & Hardies, Chicago, IL, for ADM Investor Services, Inc.

Richard J. Rappaport (argued), Ross & Hardies, Chicago, IL; Jeffry M. Henderson, Henderson, Becker & Lyman, Chicago, IL, for A/C Trading Company.

Richard J. Rappaport (argued), Ross & Hardies, Chicago, IL; Stephen L. Fink, Barnes & Thornburg, Fort Wayne, IN, for Demeter Inc.

Daniel Waldman, Commodity Futures Trading Commission, Washington, DC, for Commodity Futures Trading Commission.

Before COFFEY, RIPPLE and ROVNER, Circuit Judges.

RIPPLE, Circuit Judge.

Tom Lachmund brought this action against three businesses under the Commodity Exchange Act ("CEA"), the Racketeer Influenced and Corrupt Organizations Act ("RICO"), and state law. He alleged a conspiracy of fraudulent misrepresentation with respect to certain contracts for the sale of grain. Pursuant to Rule 12(b)(6), the district court dismissed Mr. Lachmund's federal claims in their entirety and the state law fraud claim with respect to one...

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