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GUTTMAN v. COMMODITY FUTURES TRADING COM'N

Docket No. 98-4178

197 F.3d 33 (1999)

Zoltan GUTTMAN, Petitioner, v. COMMODITY FUTURES TRADING COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided November 16, 1999.

Attorney(s) appearing for the Case

Barry A. Bohrer, Morvillo, Abramowitz, Grand, Iason, Silberberg, P.C., New York, N.Y. (Joshua H. Reisman, of counsel), for Petitioner.

J. Douglas Richards, Deputy General Counsel of the Commodity Futures Trading Commission, Washington, DC (Daniel R. Waldman, General Counsel; Merry A. Lymn, Assistant General Counsel: C. Maria Dill Godel; and Beth G. Pacella, of counsel), for Respondent.

Martin I. Kaminsky, Pollack & Kaminsky, New York, NY (W. Hans Kobelt, of counsel), for Amicus Curiae New York Mercantile Exchange.

Before: CALABRESI, CABRANES, and STRAUB, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

Zoltan Guttman petitions for review of an order of the Commodity Futures Trading Commission ("the Commission" or "CFTC") that found Guttman vicariously liable for a series of noncompetitive options transactions effected by his partner and that imposed various sanctions on him, including a permanent trading ban. See In re Glass, No. 93-4, 1998 WL 205134 (C.F.T.C. Apr. 27, 1998). We hold that the weight of the evidence supports...

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