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METALLGESELLSCHAFT AG v. SUMITOMO CORP. OF AMERICA

No. 00-3700.

325 F.3d 836 (2003)

METALLGESELLSCHAFT AG and MGTS UK Holding, Plaintiffs-Appellants, v. SUMITOMO CORPORATION OF AMERICA, Sumitomo Corporation, Yasuo Hamanaka, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 31, 2003.

Rehearing and Rehearing Denied May 28, 2003.

Attorney(s) appearing for the Case

Robert B. Bernstein, Michael D. Bleckman (argued), Kaye, Scholer, Fierman, Hays & Handler, New York, NY, for Plaintiffs-Appellants.

David R. Cross, Quarles & Brady, Milwaukee, WI, Bruce Birenboim (argued), Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, H. Peter Haveles, Jr., Cadwalader, Wickersham & Taft, New York, NY, for Defendants-Appellees.

Yasuo Hamanaka, Tokyo, Japan, pro se.

Before CUDAHY, ROVNER, and DIANE P. WOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 28, 2003.*

DIANE P. WOOD, Circuit Judge.

This case is part of the broader multi-district litigation that was spawned by an alleged conspiracy involving Sumitomo and others to raise the price of copper and manipulate the London Metals Exchange (LME). The plaintiffs, Metallgesellschaft AG (MG) and MGTS UK Holding (MGUK), both short-sellers that bought copper futures contracts from brokers...

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