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NATIONAL SUPER SPUDS v. NEW YORK MERCANTILE

Nos. 343, 400, 401, Dockets 78-3041, 78-6146 and 78-6152.

591 F.2d 174 (1979)

NATIONAL SUPER SPUDS, INC., et al., Plaintiffs, v. NEW YORK MERCANTILE EXCHANGE, et al., Defendants. COMMODITY FUTURES TRADING COMMISSION and Howard Bodenhamer, Appellants, v. NEW YORK MERCANTILE EXCHANGE, Defendant-Appellee. In re COMMODITY FUTURES TRADING COMMISSION, Petitioner.

United States Court of Appeals, Second Circuit.

Decided January 17, 1979.

Attorney(s) appearing for the Case

Joanne Leveque, Asst. Gen. Counsel, Commodity Futures Trading Com'n, Washington, D. C. (John G. Gaine, Gen. Counsel, Richard E. Nathan, Deputy Gen. Counsel, Frederic T. Spindel, Associate Gen. Counsel, Susan A. Arnold, Washington, D. C., of counsel), for appellants and petitioner.

William E. Hegarty, New York City (Cahill Gordon & Reindel, New York City, Charles Platto, Sandra Baron, Peter Leight and Maurice Mound, Rein, Mound & Cotton, New York City, of counsel), for defendant-appellee.

Before FRIENDLY, MULLIGAN and GURFEIN, Circuit Judges.

FRIENDLY, Circuit Judge:

Commodity Futures Trading Commission (CFTC or the Commission) and Howard Bodenhamer, Assistant Regional Administrator for Market Surveillance and Analysis in its Eastern Regional Office in New York City, appeal from and, in the alternative, petition for mandamus to vacate an order of the District Court for the Southern District of New York, which directed Bodenhamer to answer certain questions propounded on deposition despite the Commission...

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