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COMMODITY FUTURES TRADING COM'N v. INCOMCO, INC.

No. 505, Docket 80-6170.

649 F.2d 128 (1981)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellant, v. INCOMCO, INC., Philip M. Smith, Lincolnwood, Inc., Robert S. Novick, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 12, 1981.

Attorney(s) appearing for the Case

Gregory C. Glynn, Commodity Futures Trading Commission, Washington, D. C. (Glynn L. Mays, Nancy E. Yanofsky, Washington, D. C., of counsel), for plaintiff-appellant.

Leonard Toboroff, Toboroff, Gottesman & Lovell, New York City, for defendants-appellees, Incomco, Inc. and Philip M. Smith.

Arnold M. Weiss, New York City, for defendants-appellees, Lincolnwood, Inc. and Robert S. Novick.

Before FEINBERG, Chief Judge, OAKES, Circuit Judge, and MOTLEY, District Judge.

MOTLEY, District Judge:

This is an appeal by the Commodity Futures Trading Commission (CFTC) from an order dismissing its action for preliminary and permanent injunctive relief against named individuals and corporations engaged in the business of commodity futures trading and who have refused representatives of CFTC access to books and records relating to their trading activity. We hold that the CFTC's complaint was prematurely...

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