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BOARD OF TRADE OF CITY OF CHICAGO v. CFTC

No. 89C4300.

724 F.Supp. 548 (1989)

BOARD OF TRADE OF the CITY OF CHICAGO, Plaintiff, v. COMMODITY FUTURES TRADING COMMISSION, Defendant.

United States District Court, N.D. Ill., E.D.

September 27, 1989.

Attorney(s) appearing for the Case

Garrett B. Johnson, Mark D. Young, Susan C. Brown, Kirkland & Ellis, Scott E. Early, CBOT, Chicago, Ill., for plaintiff.

James Curt Bohling, CFTC, Washington, D.C., William Clabault, Asst. U.S. Atty., Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Board of Trade of the City of Chicago ("CBOT") has sought, by way of declaratory judgment and injunctive relief, judicial review of a decision by Commodity Futures Trading Commission ("CFTC") to reduce a penalty imposed by CBOT on one of its members. Both parties have moved for summary judgment under Fed.R.Civ.P. ("Rule") 56. In the alternative, CFTC has moved to dismiss the Complaint under Rules 12(b...

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