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STANDARD & POOR'S CORP. v. COMMODITY EXCHANGE

No. 1373, Docket 82-7377.

683 F.2d 704 (1982)

STANDARD & POOR'S CORPORATION, INC., Plaintiff-Appellee, v. COMMODITY EXCHANGE, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 29, 1982.

Attorney(s) appearing for the Case

William F. Dudine, Jr., New York City (Darby & Darby, Maxim Waldbaum, Ethan Horwitz, and Adda G. Gorgoris, New York City, of counsel), for plaintiff-appellee.

Eugene R. Scheiman, New York City (Baer, Marks & Upham, Mark A. Buckstein, Barry J. Mandel, Allan Dinkoff, William A. Brandt, Jr., Joshua B. Parker, Gottlieb, Rackman & Reisman, James Reisman, New York City, of counsel), for defendant-appellant.

Before NEWMAN and PIERCE, Circuit Judges, and KNAPP, District Judge.

PIERCE, Circuit Judge:

One of the more recent developments in the field of futures trading has been the commencement of trading of stock index futures contracts on the nation's commodity exchanges. This case, currently in its preliminary stages, raises questions of whether and, if permitted, to what extent a futures exchange may offer for trade a stock index futures contract which relies for settlement purposes upon a popular and widely available stock index over...

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