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COMMODITY FUTURES TRADING v. GIBRALTAR MONETARY

No. 06-14270.

575 F.3d 1180 (2009)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellant, v. GIBRALTAR MONETARY CORP., INC., Charles I. Fremer, Thomas J. Clancy, Edward T. Johnson, Forex Capital Markets, LLC, Jayson Kline, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 21, 2009.

Attorney(s) appearing for the Case

Martin B. White, Washington, DC, for Plaintiff-Appellant.

Joanne M. O'Connor, Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, FL, Lloyd Kadish, Lloyd Kadish & Associates, Chicago, IL, for Defendants-Appellees.

Before BIRCH and MARCUS, Circuit Judges, and FORRESTER, District Judge.

PER CURIAM:

Appellant, the Commodity Futures Trading Commission ("CFTC"), appeals from the district court's non-jury trial order granting judgment in favor of Appellee, Forex Capital Markets ("FxCM"), on the CFTC's claim that FxCM should be held vicariously liable under 17 C.F.R. § 1.2 for Gibraltar Monetary Corporation, Inc.'s ("GMC") violations of the Commodities Exchange Act ("CEA") and CFTC Regulations, 17 C.F.R...

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