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COMMODITY FUTURES TRADING COMMISSION v. KIMBERLYNN CREEK RANCH

No. 00-1989.

276 F.3d 187 (2002)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee, v. KIMBERLYNN CREEK RANCH, INCORPORATED, a California Corporation; Kingsfield Racing, Incorporated, a Nevada Corporation; Samuel Kingsfield; Pamela Kingsfield, Defendants-Appellants, and IBS, Incorporated, a North Carolina Corporation; IMC Trading, Incorporated, (North Carolina), a North Carolina Corporation; IMC Trading, Incorporated, (Arizona), an Arizona Corporation; IMC Trading, Incorporated, (Nevada), a Nevada Corporation; Joe Miller Company, d/b/a IMC Trading, Incorporated, a California Corporation; Mazuma Trading Group, Incorporated, d/b/a Pinpoint Marketing, Limited, a Florida Corporation; Alan Stein; Joseph Finateri; Michael Temple; International Bullion Services, Incorporated, (Bahamas), a Bahamas Corporation; F.X. & B., L.L.C., a Nevada Corporation; A.J.S. Enterprises, Incorporated, a Nevada Corporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 4, 2002.

Attorney(s) appearing for the Case

ARGUED: Robert Lawrence Bonner, Homer, Bonner & Delgado, P.A., Miami, Florida, for Appellants. Gloria Peele Clement, Office of General, Commodity Futures Trading Commission, Washington, D.C., for Appellee. ON BRIEF: Bobbilee Meloro, Homer, Bonner & Delgado, P.A., Miami, Florida, for Appellants. Kirk T. Manhardt, Deputy General, Glynn L. Mays, Senior Assistant General, Office of General, Commodity Futures Trading Commission, Washington, D.C., for Appellee.

Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Judge WILLIAMS and Judge MICHAEL joined.

OPINION

WILKINS, Circuit Judge.

Kimberlynn Creek Ranch, Inc., Kingsfield Racing, Inc., Samuel Kingsfield, and Pamela Kingsfield (collectively, "the Relief Defendants") appeal a preliminary injunction entered by the district court freezing their assets and directing them to transfer those assets and related records to a receiver appointed...

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