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SECURITIES AND EXCHANGE COMM. v. FOREX ASSET MGMT.

No. 00-10224.

242 F.3d 325 (2001)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. FOREX ASSET MANAGEMENT LLC, etc.; et al., Defendants. Michael Whitbeck; Donna Whitbeck, Movants-Appellants, v. Dan R. Waller, Receiver, Appellee.

United States Court of Appeals, Fifth Circuit.

Revised February 28, 2001.

Attorney(s) appearing for the Case

Kenneth Arthur Hill, Michael J. Quilling, Quilling, Selander, Cummiskey & Lownds, Dallas, TX, for Movants-Appellants.

David Brian Dyer, Secore & Waller, Dallas, TX, for Appellee.

Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Michael and Donna Whitbeck ("the Whitbecks") appeal the district court's order approving of the decision by Dan R. Waller ("Receiver"), the receiver appointed to oversee the assets connected with Forex Asset Management, L.L.C. ("Forex"), to distribute the assets of Forex on a pro rata basis. We affirm.

I

The Whitbecks learned of a foreign currency investment opportunity with Forex through a radio infomercial given...

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