CARDAMONE, Circuit Judge:
There are two matters pending before us in the present case. The first is petitioner Burton Schultz's appeal from an order of the Commodity Futures Trading Commission which dismissed Schultz's claim against respondents Incomco, Inc. and Philip M. Smith, Incomco's president, for reparation arising from respondents' alleged violation of the Commodity Exchange Act (Act). The second is the Commission's motion to have the case remanded to itself...
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