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COMMODITY TREND SERV. v. COMMODITY FUTURES TRADING

Nos. 99-4142, 99-4143 and 00-3734.

233 F.3d 981 (2000)

COMMODITY TREND SERVICE, INC., Plaintiff-Appellant, v. COMMODITY FUTURES TRADING COMMISSION, Defendant Appellee. Commodity Futures Trading Commission, Petitioner Appellee, v. Dennis Blitz and Nick Van Nice, Respondents-Appellants. In re CTS Financial Publishing, Inc., f/k/a Commodity Trend Service, Inc., Dennis Blitz, Nick Van Nice, and Dearborn Financial Publishing, Inc., Petitioners.

United States Court of Appeals, Seventh Circuit.

Decided November 28, 2000.

Attorney(s) appearing for the Case

William J. Nissen (argued), Sidley & Austin, Chicago, IL, for Commodity Trend Services, Inc., Dennis Blitz, Nick Vannice, CTS Financial Publishing, Inc., Dearborn Financial Publishing, Inc.

Martin B. White, Commodity Futures Trading Com'n, Office of the General Counsel, Washington, DC, for Commodity Futures Trading Com'n in Nos. 99-4142 and 99-4143.

Daniel Waldman, Commodity Futures Trading Com'n, Office of the General Counsel, Washington, DC, Susan A. Berkowitz, Commodity Futures Trading Com'n, Chicago, IL, for Commodity Futures Trading Com'n in No. 00-3734.

Before FLAUM, Chief Judge, and RIPPLE and KANNE, Circuit Judges.

FLAUM, Chief Judge.

Plaintiff Commodity Trend Service, Inc., now known as CTS Financial Publishing, Inc. ("CTS"), appeals the determination that it is subject to the antifraud provisions of the Commodity Exchange Act ("CEA"). The principals of CTS, Dennis Blitz and Nick Van Nice, appeal the enforcement of an administrative subpoena issued by the Commodity Futures Trading Commission ("CFTC"). For the reasons stated herein, we affirm both of the district court's decisions...

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