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WESTERN CAPITAL DESIGN v. NEW YORK MERCANTILE

No. 99 CIV. 4046(AKH).

180 F.Supp.2d 438 (2001)

WESTERN CAPITAL DESIGN, LLC, Plaintiff, v. NEW YORK MERCANTILE EXCHANGE, et al., Defendant.

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

February 16, 2001.

Attorney(s) appearing for the Case

Douglas J. Kramer, Baden Kramer Hoffman & Brodsky, P.C. and Marc S. Koplik, New York City, for plaintiff.

Martin I. Kaminsky, Edward T. McDermott and Hans Kobelt, Pollack & Kaminsky, New York City, for defendant.

MEMORANDUM AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

HELLERSTEIN, District Judge.

This is a complaint for damages under the Commodity Exchange Act and state law. Plaintiff sues the New York Mercantile Exchange and fifty unnamed defendants. Defendant NYMEX has moved to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons stated below, the motion to dismiss is granted.

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