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COMMODITY EXCHANGE v. COMMODITY FUTURES TRADING

No. 81 Civ. 3698.

543 F.Supp. 1340 (1982)

COMMODITY EXCHANGE, INC., Plaintiff, v. COMMODITY FUTURES TRADING COMMISSION, Defendant.

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

July 29, 1982.

Attorney(s) appearing for the Case

Baer, Marks & Upham, New York City, for plaintiff; Mark A. Buckstein, Barry J. Mandel, Allan Dinkoff, New York City, of counsel.

Dennis A. Dutterer, Gen. Counsel, Pat G. Nicolette, Deputy Gen. Counsel, Gregory C. Glynn, Associate Gen. Counsel, Glynn L. Mays, Asst. Gen. Counsel, Paul M. Architzel, Elizabeth M. Knoblock, Commodity Futures Trading Commission, Washington, D. C., for defendant.

OPINION

EDWARD WEINFELD, District Judge.

This is an action by Commodity Exchange, Inc. ("Comex") for a declaratory judgment and an injunction against the enforcement of a decision by the defendant, Commodity Futures Trading Commission (the "Commission") which disapproved Comex's "straddle rules," which have been in effect since approximately 1970. The parties are in accord that there are no disputed fact issues; accordingly, each moves for summary judgment...

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