James Allen Muscarella, and Charles Jarvis Murray v. James McKeever Alpha Omega Publishing Corp., Dba Omega Financial Services

12 F.3d 1107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Allen MUSCARELLA, Plaintiff, and Charles Jarvis Murray, Appellant, v. James McKEEVER, Alpha Omega Publishing Corp., dba Omega Financial Services, Defendants-Appellee. No. 91-16816. United States Court of Appeals, Ninth Circuit. Submitted July 14, 1993. Filed July 23, 1993. Withdrawn Nov. 23, 1993. Before: WALLACE, D.W. NELSON and O'SCANNLAIN, Circuit Judges. ORDER 1 The opinion of the district court is affirmed on the basis of its orders filed September 9, 1991 and November 12, 1991, with three exceptions. First, Count 3 charged that James McKeever and Alpha Omega Publishing Corp., dba Omega Financial Services, failed to comply with a Commodity Futures Trading Commission regulation regarding the publication of disclaimers. Since there was no causal connection between that omission and the claimed damages, inclusion of Count 3 was sanctionable for that reason. Second, sanctions are awarded under Federal…