SCHULTZ v. COMMODITY FUTURES TRADING COM'N

No. 1215, Docket 83-4018.

716 F.2d 136 (1983)

Burton SCHULTZ, Petitioner, v. COMMODITY FUTURES TRADING COMMISSION, Incomco, Inc. and Philip M. Smith, Respondents.

United States Court of Appeals, Second Circuit.

Decided August 24, 1983.


Attorney(s) appearing for the Case

Norman E. Henkin, New York City, for petitioner.

Maureen Donley Hoopes, Washington, D.C. (Dennis A. Dutterer, Gen. Counsel, Commodity Futures Trading Com'n, Kenneth M. Raisler, Deputy Gen. Counsel, Washington, D.C., of counsel) for respondents.

Before OAKES, CARDAMONE and PIERCE, Circuit Judges.


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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