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NEW YORK MERCANTILE EXCH. v. COMMODITY FUTURES TRADING COMMISSION

No. 77 Civ. 4538.

443 F.Supp. 326 (1977)

NEW YORK MERCANTILE EXCHANGE, Plaintiff, v. COMMODITY FUTURES TRADING COMMISSION, and William T. Bagley, John V. Rainbolt, II, Read P. Dunn, Gary L. Seevers, and Robert L. Martin, Commissioners of the Commodity Futures Trading Commission, Defendants.

United States District Court, S. D. New York.

December 29, 1977.

Attorney(s) appearing for the Case

William E. Hegarty, Cahill Gordon & Reindel, New York City, for plaintiff.

Richard A. Levie, Special Counsel, Commodity Futures Trading Comn., Washington, D. C., for defendants.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

On June 16, 1977, the Commodity Futures Trading Commission instituted an administrative proceeding before an administrative law judge1 to determine whether the New York Mercantile Exchange (the "Exchange") has violated the Commodity Exchange Act as amended ("the Act"), 7 U.S.C. § 1, et seq. (Supp.1977). Plaintiff Exchange thereupon commenced this action, and has...

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