Mount Lucas Associates, Inc. v. MG Refining & Marketing, Inc.

OPINION OF THE COURT

Andrias, J.

Plaintiff, Mount Lucas Associates, is an investment adviser registered under the Investment Advisers Act of 1940 (15 USC § 80b-1 et seq.) and a commodity trading adviser and commodity pool operator registered under the Commodity Exchange *247Act (7 USC § 1 et seq.). Defendant and third-party plaintiff, MG Refining and Marketing, Inc., which is no longer in business, was, at the time in question, engaged in the business of investing, purchasing, selling, trading and participating in the oil futures and options market and in the purchase and resale of crude oil and…