No. 08-41217.

657 F.3d 252 (2011)

William E. AMACKER; Lindy R. Bianchi; Joseph Delbove; et al., Plaintiffs-Appellants, v. RENAISSANCE ASSET MANAGEMENT LLC, also known as RAM I LPM, also known as RAM I LLC; Anthony Michael Ramunno; Man Financial (IL); MF Global, Inc.; Lind-Waldock & Co. LLC; Vision LP; Vision Financial Markets LLC (N.Y.); R.J. O'Brien & Associates, Inc. (N.Y.), doing business as Tradestation; Tradestation Technologies, Inc. (IL); Man Financial, Inc. (N.Y.); MF Global, Inc. (IL); Sarinna Chiang; Karin Maddox; Caren I. Josephs, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 16, 2011.

Attorney(s) appearing for the Case

Frank Edward Weathered (argued), Dunn, Weathered, Coffey, Rivera & Kasperitis, P.C., Corpus Christi, TX, for Plaintiffs-Appellants.

Therese M. Doherty (argued), Herrick Feinstein, L.L.P., New York City, Darrell L. Barger , Hartline, Dacus, Barger, Dryer, L.L.P., Corpus Christi, TX, for Defendants-Appellees Renaissance Asset Management LLC, Anthony Michael Ramunno, Man Financial Inc., MF Global Inc., and Lind-Waldock Co.

Kenneth F. Berg , Ulmer & Berne, L.L.P., Chicago, IL, Russell Joe Manning , Hornblower Form, Corpus Christi, TX, for Defendants-Appellees Vision LP and Vision Financial Markets LLC.

Michael Samuel Weisman , Katten, Muchin, Zavis & Rosenman, Chicago, IL, Tim S. Leonard , Jackson Walker, L.L.P., Houston, TX, for Defendant-Appellee RJ O'Brien & Assoc.

N. Scott Fletcher , Jones Day, Houston, TX, Richard Bryan Jackson , Gordon McRae Mead, Jr. , Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Miami, FL, for Defendant-Appellee Tradestation Technologies Inc.

Before OWEN and SOUTHWICK, Circuit Judges.

OWEN, Circuit Judge:

Appellants brought suit alleging that futures commission merchants violated the Commodity Exchange Act1 by aiding and abetting an investment pool operator in his scheme to defraud investors. The district court dismissed the complaint for failure to state a claim against the futures commission merchants. We affirm.


The plaintiffs in this case were investors in a commodity pool operated by defendant...


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