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AM. STOCK EXCH., INC. v. COMMODITY FUTURES TRADING

No. 81 Civ. 5665.

528 F.Supp. 1145 (1982)

AMERICAN STOCK EXCHANGE, INC. and Amex Commodities Clearing Corporation, Plaintiffs, v. The COMMODITY FUTURES TRADING COMMISSION, Philip McBride Johnson, Chairman of the Commodity Futures Trading Commission, James M. Stone, Read P. Dunn, Jr. and David G. Gartner, Commissioners of the Commodity Futures Trading Commission, Defendants.

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

January 5, 1982.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiffs; Arthur L. Liman, Robert S. Smith, Anne Louise Oates, New York City, of counsel.

Dennis A. Dutterer, Gen. Counsel, Pat G. Nicolette, Deputy Gen. Counsel, Gregory C. Glynn, Associate Gen. Counsel, Joan L. Loizeaux, Sp. Counsel, Paul M. Architzel, Elizabeth M. Knoblock, Attys., Commodity Futures Trading Commission, Washington, D. C., Anthony J. Costantini, Regional Counsel, Eastern Regional Headquarters, Commodity Futures Trading Commission, New York City, for defendants.

OPINION

EDWARD WEINFELD, District Judge.

This is an action by the American Stock Exchange Inc. and its wholly owned subsidiary, Amex Commodities Clearing Corporation (collectively "Amex"), to declare null and void regulations adopted by the defendants, the Commodity Futures Trading Commission and its members (collectively "Commission"), which authorized a pilot program for the trading of options on commodity futures contracts on domestic commodity exchanges...

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