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COMMODITY FUTURES TRADING v. R.J. FITZGERALD & CO.

No. 01-14780.

310 F.3d 1321 (2002)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellant, v. R.J. FITZGERALD & CO., INC., Raymond Fitzgerald, Leiza Fitzgerald, Greg Burnett, Chuck Kowalski, Defendants-Cross-Claimants-Third-Party-Plaintiffs-Appellees, Al Coringrato, Defendant-Cross-Defendant, Scott Eubanks, John Rodgers, et al., Third-Party-Defendants.

United States Court of Appeals, Eleventh Circuit.

October 29, 2002.

Attorney(s) appearing for the Case

Nancy R. Page, Kirk T. Manhardt, Deputy General Counsel, Washington, DC, for Plaintiff-Appellant.

Constantine John Gekas, Alenna K. Bolin, Gekas & Associates, Ltd., Chicago, IL, Montgomery N. Kosma, Jones, Day, Reavis & Pogue, Jennifer Gately Loy, Gibson, Dunn & Crutcher LLP, Washington, DC, for Defendants-Cross-Claimants-Third-Party-Plaintiffs-Appellees.

Before TJOFLAT, WILSON and COWEN, Circuit Judges.

COWEN, Circuit Judge:

Presented in this appeal is the question of liability for fraud and related allegations under the Commodities Exchange Act, 7 U.S.C. §§ 1 et seq., (the "CEA" or "Act") and accompanying regulations. Plaintiff/Appellant Commodities Futures Trading Commission ("CFTC") appeals from a judgment finding all Defendants not liable under the Act for various solicitation and trading activities carried out at R.J. Fitzgerald & Company...

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