452 F.2d 1154, 1156 n. 2 (8th Cir.1971) (fewer than 1 percent closed out by delivery); Reid, supra, 44 Vill.L.Rev. at 129 n. 27. This option for getting out enables people who are not agriculturalists, and wouldn’t know an ear of corn from a soybean if it slapped them in the face, to speculate in the prices of commodities. In other words, these contracts are really a type of security, like common stock, rather than a means of fixing the terms by which farmers ship their output to grain elevators and other agricultural middlemen. It is because commodity-futures contracts are a type of security that Congress has seen fit to subject them to a regulatory scheme, the Commodity Exchange Act, which parallels that administered by the SEC for trading in corporate stock. There was no in wa 1995) (<HOLDING>); Rowson v. Kawasaki Heavy Indus., Inc., 866
holding that where affidavits raise a genuine issue of material fact as to a brady claim an evidentiary hearing should be conducted holding that when the grounds stated in the motion for a new trial are evident in the record a hearing is warranted even though the motion is not supported by affidavits or other extrinsic evidence holding affidavits must include competent evidence and affidavits are not competent if they fail to show a basis for actual person knowledge or if they state conclusions without the support of evidentiary facts holding that a court may review any evidence such as affidavits and testimony to resolve factual disputes concerning the existence of jurisdiction holding that affidavits of two former coworkers would be considered and allowed to create a genuine or substantial factual issue even though the plaintiff stated in his deposition that he was unaware of coworkers knowledge where the coworkers affidavits specifically referred to a statement made in their presence and which the defendants had not challenged in any other manner