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FIRST NAT. MONETARY v. COMMODITY FUTURES TRADING COMM.

Nos. 81-1750, 82-1024 and 81-1803.

677 F.2d 522 (1982)

FIRST NATIONAL MONETARY CORPORATION, Plaintiff-Appellee, v. COMMODITY FUTURES TRADING COMMISSION, Philip McB. Johnson, Chairman, James M. Stone, Susan M. Phillips, and David G. Gartner, Commissioners, Defendants-Appellants. MONEX INTERNATIONAL, LTD., Plaintiff-Appellee, v. COMMODITY FUTURES TRADING COMMISSION, Philip McB. Johnson, Chairman, James M. Stone, Susan M. Phillips, and David G. Gartner, Commissioners, and George H. Painter, Administrative Law Judge, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 3, 1982.

Order of Clarification June 9, 1982.

Attorney(s) appearing for the Case

Leonard R. Gilman, U. S. Atty., Detroit, Mich., Charles R. Mills, Nancy E. Yanofsky, Glynn L. Mays, Gregory C. Glynn, Associate Gen. Counsel, Commodity Futures Trading Com'n, Washington, D. C., for defendants-appellants.

Donald F. Tucker, Simon, Deitch, Siefman & Tucker, Southfield, Mich., for plaintiff-appellee First Nat. Monetary Corp.

Boyd Lemon, John D. Harwell, Memel, Jacobs, Pierno & Gersh, Los Angeles, Cal., Lawrence Silver, Beverly Hills, Cal., for plaintiff-appellee Monex International Ltd.

Before LIVELY and MERRITT, Circuit Judges, and WEICK, Senior Circuit Judge.

MERRITT, Circuit Judge.

Before the administrative trial began, the District Court enjoined the defendant administrative agency from proceeding with an adjudicatory hearing to be conducted under section 5 of the Administrative Procedure Act, 5 U.S.C. § 554 (1976), against the plaintiffs, who are commodity dealers. It did so apparently on two theories: that the plaintiffs will be unable to get a fair trial before the agency and that the question of commodity law...

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