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COMMODITY TREND SERV. v. COMMODITY FUTURES TRADING

No. 97-3477.

149 F.3d 679 (1998)

COMMODITY TREND SERVICE, INC., Plaintiff-Appellant, v. COMMODITY FUTURES TRADING COMMISSION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 17, 1998.

Attorney(s) appearing for the Case

William J. Nissen (argued), Sidley & Austin, Chicago, IL, for Plaintiff-Appellant.

William S. Liebman (argued), Daniel Waldman, Commodity Futures Trading Commission, Office of the General Counsel, Washington, DC, Dennis M. Robb, Commodity Futures Trading Commission, Chicago, IL, for Defendant-Appellee.

Lee Levine, Thomas Howlett, Levine, Pierson, Sullivan & Koch, LLP, Washington, DC, for Amicus Curiae.

Before FLAUM, RIPPLE, and KANNE, Circuit Judges.

FLAUM, Circuit Judge.

Commodity trading advisors are required to register with the Commodity Futures Trading Commission ("CFTC" or "the Commission") pursuant to 7 U.S.C. § 6m(1) — a provision of the Commodity Exchange Act. This requirement probably would not have drawn objection if it was limited to purveyors of personalized, client-specific trading advice. The language of the registration requirement is not so narrow, however, and the Commission has determined...

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