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SCHOR v. COMMODITY FUTURES TRADING COM'N

Nos. 83-1703, 83-1704.

740 F.2d 1262 (1984)

William T. SCHOR, Petitioner, v. COMMODITY FUTURES TRADING COMMISSION, ContiCommodity Services, Inc. and Richard L. Sandor, Respondents. MORTGAGE SERVICES OF AMERICA, Petitioner, v. COMMODITY FUTURES TRADING COMMISSION, ContiCommodity Services, Inc. and Richard L. Sandor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 10, 1984.

Attorney(s) appearing for the Case

Leslie J. Carson, Jr., Philadelphia, Pa., for petitioners in Nos. 83-1703 and 83-1704. Mark R. Eaton, Alexandria, Va., also entered an appearance for petitioners in Nos. 83-1703 and 83-1704.

Robert L. Byman, Chicago, Ill., for respondent, ContiCommodity Services, Inc. in Nos. 83-1703 and 83-1704.

Nancy E. Yanofsky, Attorney, Commodity Futures Trading Commission, Washington, D.C., with whom Kenneth M. Raisler, General Counsel and Whitney Adams, Deputy Gen. Counsel, Commodity Futures Trading Commission, Washington, D.C., were on the brief for respondent, Commodity Futures Trading Commission in Nos. 83-1703 and 83-1804.

Before GINSBURG, Circuit Judge, MacKINNON, Senior Circuit Judge, and PARKER, United States District Judge for the District of Columbia.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The principal question raised by this petition for review is whether the Commodity Futures Trading Commission ("CFTC" or "Commission") has authority to entertain counterclaims not alleging violations of the Commodity Exchange Act1 ("CEA" or "Act") or CFTC regulations. Article III concerns impel us to construe the Act to deny the Commission that authority...

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