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FAIRCHILD, ARABATZIS & SMITH, INC. v. SACKHEIM

No. 78 Civ. 435.

451 F.Supp. 1181 (1978)

FAIRCHILD, ARABATZIS & SMITH, INC. and Steven M. Arabatzis, Plaintiffs, v. Michael SACKHEIM, Bernard Prince and Commodity Futures Trading Commission, Defendants.

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

April 28, 1978.

Attorney(s) appearing for the Case

David C. Buxbaum, P. C., New York City, for plaintiffs; David C. Buxbaum, P. C., George Karl Rosenstock, New York City, of counsel.

Richard E. Nathan, Deputy Gen. Counsel, Commodity Futures Trading Com'n, Richard A. Levie, Sp. Counsel, Washington, D. C., Leslie A. Blau, Sp. Counsel, New York City, David R. Merrill, Atty., Washington, D. C., for defendants.

LASKER, District Judge.

Plaintiffs sue the Commodity Futures Trading Commission ("Commission") and two of its agents for allegedly wrongful conduct in connection with the commencement and conduct of a Commission investigation. Fairchild, Arabatzis & Smith, Inc. ("FAS"), a registered futures commission merchant, and Steven A. Arabatzis ("Arabatzis"), FAS' president, claim that the Commission's current investigation of FAS was instituted to harass the plaintiffs...

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