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276 F.3d 187 *; 2002 U.S. App. LEXIS 157 **
COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee, v. KIMBERLYNN CREEK RANCH, INCORPORATED, a California Corporation; KINGSFIELD RACING, INCORPORATED, a Nevada Corporation; SAMUEL KINGSFIELD; PAMELA KINGSFIELD, Defendants-Appellants, and IBS, INCORPORATED, a North Carolina Corporation; IMC TRADING, INCORPORATED, (North Carolina), a North Carolina Corporation; IMC TRADING, INCORPORATED, (Arizona), an Arizona Corporation; IMC TRADING, INCORPORATED, (Nevada), a Nevada Corporation; JOE MILLER COMPANY, d/b/a IMC Trading, Incorporated, a California Corporation; MAZUMA TRADING GROUP, INCORPORATED, d/b/a Pinpoint Marketing, Limited, a Florida Corporation; ALAN STEIN; JOSEPH FINATERI; MICHAEL TEMPLE; INTERNATIONAL BULLION SERVICES, INCORPORATED, (Bahamas), a Bahamas Corporation; F. X. & B., L.L.C., a Nevada Corporation; A.J.S. ENTERPRISES, INCORPORATED, a Nevada Corporation, Defendants.
Prior History: [**1] Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, District Judge. (CA-00-103-3-V).
Disposition: The defendants, Kimberlynn Creek Ranch, Inc., Kingsfield Racing, Inc., Samuel Kingsfield, and Pamela Kingsfield, appealed a preliminary injunction entered by the district court freezing their assets and directing them to transfer those assets and related records to a receiver appointed by the court. These defendants challenged the authority of the district court to enter the preliminary injunction against them. The court of appeals found that the district court possessed the authority to enter the preliminary injunction, was affirmed.
district court, preliminary injunction, funds, nominal defendant, ownership, disgorgement, equitable, subject matter jurisdiction, injunction, freeze, commodities, violations, fraudulent, possessed, nominal
Civil Procedure, Subject Matter Jurisdiction, Jurisdiction Over Actions, General Overview, Jurisdiction, Jurisdictional Sources, Statutory Sources, Preliminary Considerations, Equity, Remedies, Injunctions, Preliminary & Temporary Injunctions, Appeals, Standards of Review, De Novo Review, Business & Corporate Compliance, Governments, Agriculture & Food, Commodity Exchange Act, Securities Law, Commodities Futures Trading, Injunctions, Governments, Secondary Liability, Aiding & Abetting, Judgments, Relief From Judgments, Independent Actions, Postoffering & Secondary Distributions, Federal Jurisdiction, Contracts Law, Personal Property, Rights of Possessors, Criminal Law & Procedure, Preliminary Proceedings, Trials, Bench Trials, Clearly Erroneous Review, Constitutional Law, Fundamental Rights, Procedural Due Process, Scope of Protection