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EQUITABLE TRUST CO. v. COMMODITY FUTURES TRADING COMMISSION

No. 81-1020.

669 F.2d 269 (1982)

EQUITABLE TRUST COMPANY, Plaintiff-Appellant, v. COMMODITY FUTURES TRADING COMMISSION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 3, 1982.

Attorney(s) appearing for the Case

Johnson, Oliver & Gainey, San Antonio, Tex., for plaintiff-appellant.

Gregory C. Glynn, Associate Gen. Counsel, Glynn L. Mays, Sp. Counsel, Josephine Wang, Gen. Counsel, Washington, D. C., for defendant-appellee.

Before GEE, GARZA and REAVLEY, Circuit Judges.

GEE, Circuit Judge:

On November 23, 1977, the Commodity Futures Trading Commission ("Commission") issued an order in the matter of a December 1977 coffee "C" futures contract, an executory contract for future sale, delivery, and payment of coffee traded on the New York Coffee and Sugar Exchange ("Exchange"). The Exchange is designated by the Commission as a "contract market." 7 U.S.C. § 7. The order was issued pursuant...

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