CFTC v. Gibraltar Monetary Corp., Inc.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
FILED
U.S. COURT OF APPEALS
No. 04-13828 ELEVENTH CIRCUIT
________________________ MAY 9, 2005
THOMAS K. KAHN
D. C. Docket No. 04-80132 CV-WPD CLERK
COMMODITY FUTURES TRADING COMMISSION,
Plaintiff-Appellee,
versus
CHARLES I. FREMER,
JAYSON S. KLINE, et al.,
Defendants-Appellants.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(May 9, 2005)
Before ANDERSON, HULL and GIBSON*, Circuit Judges.
PER CURIAM:
We decline to address the applicability of Regulation § 32.9, because that
___________________
* Honorable John R. Gibson, United States Circuit Judge for the Eighth Circuit, sitting by
designation.
issue was not raised in the district court. Appellants may request that the district
court address the issue on remand.
With respect to the merits, we have carefully considered the several
arguments of appellants, both in brief and at oral argument. However, we readily
conclude that the district court did not abuse its discretion in granting the
preliminary injunction. Accordingly, the judgment of the district court is
AFFIRMED.
2