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CARR INVESTMENTS v. COMMODITY FUTURES TRADING

No. 95-2106.

87 F.3d 9 (1996)

CARR INVESTMENTS, INC., Edward Carr and Rodman & Renshaw, Petitioners, v. COMMODITY FUTURES TRADING COMMISSION and Richard C. Davis, Respondents.

United States Court of Appeals, First Circuit.

Decided June 24, 1996.

Attorney(s) appearing for the Case

Jeffry M. Henderson, Chicago, IL, with whom Daniel G. Dolan, Jr. and Henderson & Becker were on brief for petitioners.

George G. Wilder, Attorney, Washington, DC, with whom Pat G. Nicolette, Acting General Counsel, Jay L. Witkin, Deputy General Counsel, and William S. Liebman, Assistant General Counsel, Commodity Futures Trading Commission, were on brief for respondent Commodity Futures Trading Commission and Jeffrey V. Boxer for respondent Richard C. Davis.

Before TORRUELLA, Chief Judge, BOUDIN and STAHL, Circuit Judges.

STAHL, Circuit Judge.

Appellants Carr Investments, Inc. and Edward Carr seek review of an order of the Commodity Futures Trading Commission reversing, as an abuse of discretion, an administrative law judge's decision to award them attorney's fees and costs. Because we find that the Commission's decision was not the product of reasoned decisionmaking, we vacate its order and remand for further consideration consistent with this opinion.

I.

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