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COMMODITY FUTURES TRADING COM'N v. BOARD, ETC.

No. 80-2431, 80-2439.

657 F.2d 124 (1981)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellant, v. BOARD OF TRADE OF the CITY OF CHICAGO, Defendant-Appellee. COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellant, v. CHICAGO MERCANTILE EXCHANGE, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 1981.

Attorney(s) appearing for the Case

Gregory C. Glynn, Assoc. Gen. Counsel, Commodity Futures Trading Commission, Washington, D. C., for plaintiff-appellant.

Donald J. Duffy, Jerrold E. Salzman, Chicago, Ill., for defendant-appellee.

Before FAIRCHILD and PELL, Circuit Judges, and CRABB, Chief District Judge.

PELL, Circuit Judge.

The Commodity Futures Trading Commission (CFTC or Commission), sought preliminary injunctive relief against the Board of Trade of the City of Chicago (CBOT), appellee in No. 80-2431, and the Chicago Mercantile Exchange (CME), appellee in No. 80-2439, for allegedly violating section 5a(12) of the Commodity Exchange Act, 7 U.S.C. § 7a(12), and Commission Rule 1.41, 17 C.F.R. § 1.41 (1980). An emergency judge granted the Commission's motions...

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