COMMODITY FUTURES TRADING COMM'N v. DUNN

Docket No. 98-6117.

169 F.3d 785 (1999)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee, v. William C. DUNN and Delta Consultants, Inc., Defendants-Appellants, Delta Options, Ltd. and Nopkine Co., Ltd., Defendants.

United States Court of Appeals, Second Circuit.

Decided March 26, 1999.


Attorney(s) appearing for the Case

Gary D. Stumpp, Stumpp & Bond, LLP, New York, N.Y. (Adam M. Bond, Stumpp & Bond, New York, NY, on the brief), for Defendants-Appellants.

Maria Godel, Commodity Futures Trading Commission, Washington, DC (Daniel R. Waldman, General Counsel, J. Douglas Richards, Deputy General Counsel, Janene M. Smith, Commodity Futures Trading Commission, Washington, DC, on the brief), for Appellee.

Before: WALKER and CABRANES, Circuit Judges, and TSOUCALAS, Judge.


PER CURIAM.

Defendants-appellants William C. Dunn and Delta Consultants, Inc. appeal from the March 24, 1998 order of the United States District Court for the Southern District of New York (Thomas P. Griesa, Chief Judge). In the order denying their application for an award of costs and attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. §§ 2412, et seq., Judge Griesa concluded that the Commodity Futures Trading Commission...

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