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HERSHEY v. ENERGY TRANSFER PARTNERS, L.P.

No. 09-20651.

610 F.3d 239 (2010)

Richard HERSHEY; Roberto E. Calle Gracey, Plaintiffs-Appellants, v. ENERGY TRANSFER PARTNERS, L.P.; Energy Transfer Company; ETC Marketing, Ltd.; Houston Pipeline Company, Defendants-Appellees. Roberto E. Calle Gracey, Plaintiff-Appellant, v. Energy Transfer Partners, L.P.; Energy Transfer Company, also known as LA Grange Acquisition, L.P.; ETC Marketing, Ltd.; Houston Pipeline Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 23, 2010.

Attorney(s) appearing for the Case

Bernard Persky, Labaton Sucharow, L.L.P., Christopher Lovell (argued), Lovell Stewart Halebian, L.L.P., Jared B. Stamell, Stamell & Schager, LLP, New York City, for Plaintiffs-Appellants.

Charles W. Schwartz (argued), Skadden, Arps, Slate, Meacher & Flom, L.L.P., Houston, TX, John Nowell Estes, III, William Scott Scherman, Steven C. Sunshine, Skadden, Arps, Slate, Meagher & Flom, LLP, Washington, DC, for Defendants-Appellees.

Before REAVLEY, PRADO and OWEN, Circuit Judges.

PRADO, Circuit Judge:

This is a putative class action under the Commodities Exchange Act ("CEA"), alleging manipulation of natural gas futures and options prices. Richard Hershey and Roberto E. Gracey ("Plaintiffs") purchased and sold New York Mercantile Exchange ("NYMEX") natural gas futures contracts. Plaintiffs sued Energy Transfer Partners, L.P. and its affiliates (collectively, "Defendants") for allegedly manipulating the price of natural gas delivered at the...

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