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DGM INVESTMENTS, INC. v. NEW YORK FUTURES EXCHANGE, INC.

No. 01 Civ. 11602(RWS).

265 F.Supp.2d 254 (2003)

DGM INVESTMENTS, INC., Plaintiff, v. NEW YORK FUTURES EXCHANGE, INC., Board of Trade of the City of New York, Inc., New York Futures Exchange Settlement Committee and its Members Being "Richard Roes" No. 1-10, the New York Clearing Corporation, and "John Does" No. 1-50, Individually, and as Agents and Representatives of the New York Futures Exchange, Inc., Board of Trade of the City of New York, Inc. and the New York Clearing Corporation, Defendants.

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

May 27, 2003.

Attorney(s) appearing for the Case

Lacher & Lovell-Taylor, New York, NY, By: Michael A. Lacher, Adam J. Rader, for Plaintiff, of counsel.

Cadwalader, Wickersham & Taft, New York, NY, By: Howard R. Hawkins, Jr., Mary Elizabeth Taylor, Edmund R. Schroeder, Troy G. Pieper, for Nybot Defendants, of counsel.

OPINION

SWEET, District Judge.

The defendants New York Futures Exchange, Inc., Board of Trade of the City of New York, Inc., New York Clearing Corporation, and the New York Futures Exchange Settlement Committee and its Members, except for Norman Eisler (collectively, the "NYBOT Defendants"), have moved under Rules 12(b)(6) and 9(b), Fed. R.Civ.P., to dismiss the amended consolidated complaint of plaintiffs DGM Investments, Inc. ("DGM"), Triumph-Wef...

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