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ECONOMOU v. BUTZ

No. 72 Civ. 478 (LFM).

466 F.Supp. 1351 (1979)

Arthur N. ECONOMOU and Arthur Economou & Co., Inc., Plaintiffs, v. Earl L. BUTZ, Secretary of Agriculture, Richard T. Lyng, Assistant Secretary of Agriculture, Alex C. Caldwell, Acting Administrator, Commodity Exchange Authority, Charles E. Robinson, Director, Compliance Division, Commodity Exchange Authority, Richard E. Kirchhoff, Deputy Director, Registration and Audit Division, Commodity Exchange Authority, Jack W. Bain, Chief Hearing Examiner, U. S. Department of Agriculture, Richard W. Davis, Jr., Counsel, U. S. Department of Agriculture, T. Reed McMinn, Regional Administrator, New York Regional Office, Commodity Exchange Authority, Clement Gross, Auditor, Commodity Exchange Authority, Murray A. Wolkis, Auditor, Commodity Exchange Authority, Edward F. Fitzpatrick, Auditor, Commodity Exchange Authority, and Donald A. Campbell, Judicial Official, U. S. Department of Agriculture, Defendants.

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

March 13, 1979.

Attorney(s) appearing for the Case

David C. Buxbaum, P. C., New York City, for plaintiffs.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, by Frederick P. Schaffer, Asst. U. S. Atty., New York City, for defendants.

OPINION

MacMAHON, District Judge.

Defendants move to dismiss the verified amended complaint for failure to state a claim upon which relief can be granted, or, in the alternative, for summary judgment. Rules 12(b)(6), 56(b), Fed.R.Civ.P. Plaintiffs move for an order compelling answers to interrogatories and precluding defendants from introducing evidence for wilful failure to attend a deposition and produce documents. Rules 37(a)(2), 37(b)(2), Fed.R. Civ...

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