FREY v. COMMODITY EXCHANGE AUTHORITY

No. 74-1775.

547 F.2d 46 (1976)

George F. FREY, Jr., Plaintiff-Appellee, and Edward A. Cox, Jr., Intervenor-Plaintiff-Appellee, v. The COMMODITY EXCHANGE AUTHORITY et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 14, 1976.

Rehearing and Rehearing Denied January 11, 1977.


Attorney(s) appearing for the Case

Carla A. Hills, Asst. Atty. Gen., New York City, Ronald R. Glancz, Atty., Dept. of Justice, Civ. Div., Appellate Section, Washington, D.C., Samuel K. Skinner, U.S. Atty., Chicago, Ill., for defendants-appellants.

Lee A. Freeman, Jr., Robert P. Howington, Jr., Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, McALLISTER, Senior Circuit Judge, and SWYGERT, Circuit Judge.


Rehearing and Rehearing En Banc Denied January 11, 1977.

FAIRCHILD, Chief Judge.

We are asked in this appeal to decide whether a respondent, charged in an administrative proceeding with "manipulating the price of a commodity for future delivery" in violation of the Commodity Exchange Act, 7 U.S.C. §§ 9, 13, and 13(b), is entitled as a matter of right to pre-hearing discovery. The district court has held that the Commodity Exchange Act, 7 U.S.C. ...

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