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COMMODITY FUTURES TRADING COM'N v. MULLER

No. 77-1823 Summary Calendar.

570 F.2d 1296 (1978)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee, v. John J. MULLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 10, 1978.

Attorney(s) appearing for the Case

Mark J. Friedman, Miami Beach, Fla., for defendant-appellant.

Richard E. Nathan, Frederic T. Spindel, Associate Gen. Counsel, Joanne Leveque, Howard L. Schwartz, John G. Gaine, Gen. Counsel, Commodity Futures Trading Com'n, Washington, D. C., for plaintiff-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

RONEY, Circuit Judge:

Having charged John J. Muller, an employee of a commodity option firm, with misappropriating customers' funds, the Commodity Futures Trading Commission, a federal regulatory agency, sought and obtained a federal court preliminary injunction against Muller's concealing or disposing of his assets. Muller appeals from the injunction on two grounds: first, the regulatory agency has no jurisdiction...

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