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TRINITY METALS OF KANSAS CITY v. COMMODITY FUTURES TRADING COMMISSION

No. 85-1342-CV-W-1.

626 F.Supp. 118 (1985)

TRINITY METALS OF KANSAS CITY, INC., and Thomas W. Harker, Sr., Plaintiffs, v. COMMODITY FUTURES TRADING COMMISSION, Defendant.

United States District Court, W.D. Missouri, W.D.

November 26, 1985.

Attorney(s) appearing for the Case

Patrick K. McMonigle, Dysart, Taylor, Penner & Lay, Kansas City, Mo., Constantine John Gekas, Harvitt & Gekas, Chicago, Ill., for plaintiffs.

Kenneth M. Raisler, Gen. Counsel, Whitney Adams, Dept. Gen. Counsel, Anne H. Wright, Commodity Futures Trading Com'n, Washington, D.C., for defendant.

MEMORANDUM AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

JOHN W. OLIVER, Senior District Judge.

I.

Plaintiff filed a complaint for declaratory and injunctive relief on October 11, 1985. That complaint sought declarations that the provisions of Section 6c of the Commodity Exchange Act, as amended, 7 U.S.C. § 1 et seq., which permits the issuance of ex parte restraining orders, are unconstitutional; that the defendant be required to give...

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