Mordaunt v. Incomco

686 F.2d 815 Fed. Sec. L. Rep. P 98,805 Monte R. MORDAUNT, an individual, and Dorothy Mordaunt, an individual, Plaintiffs/Appellees, v. INCOMCO, a partnership, and Myron J. Smith and Phillip M. Smith, general partners, Defendants/Appellants. No. 78-3499. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 14, 1980. Submission Withdrawn March 25, 1981. Resubmitted June 2, 1982. Decided Sept. 9, 1982. Leonard Toboroff, Toboroff, Gottesman & Lovell, New York City, argued, for defendants/appellants; Donald J. Farley, Paul S. Penland, Moffatt, Thomas, Barrett & Blanton, Boise, Idaho, on brief. William F. Neilsen, Hamblen, Gilbert & Brooke, Spokane, Wash., for plaintiffs/appellees. Appeal from the United States District Court for the District of Idaho. Before SKOPIL and POOLE, Circuit Judges, and HALBERT * , Senior District Judge. POOLE, Circuit Judge. 1 Incomco, a partnership engaged in the brokerage of commodities futures contracts, and its two general partners 1 appeal a judgment of the district court awarding damages, interest and attorneys' fees to Monte and Dorothy Mordaunt. 2 The Mordaunts opened discretionary commodities trading accounts with…