Misabec Mercantile, Inc. v. Donaldson, Lufkin & Jenrette ACLI Futures, Inc.

HORACE T. WARD, District Judge:

In this case, the appellant challenges the district court’s grant of summary judgment to the appellee. The appellant also contends the district court abused its discretion in refusing to permit further discovery before considering the motion for summary judgment. We affirm.

I. FACTS

Appellant, Misabec Mercantile, Inc., had an account with the appellee, Donaldson, Lufkin & Jenrette ACLI Futures, Inc. [ACLI], to trade in commodities futures. When Misabec failed to meet several margin calls ACLI liquidated the account. Mis-abec then filed suit claiming conversion,…