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FIRST AMERICAN DISCOUNT v. C.F.T.C.

No. 99-1098.

222 F.3d 1008 (2000)

FIRST AMERICAN DISCOUNT CORPORATION, Petitioner, v. COMMODITY FUTURES TRADING COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 18, 2000.

Attorney(s) appearing for the Case

Patrick G. King argued the cause and was on the briefs for petitioner.

C. Maria D. Godel, Attorney, Commodity Futures Trading Commission, argued the cause for respondent. With her on the brief were David R. Merrill and J. Douglas Richards, Deputy General Counsel.

John J. Muldoon, III was on the brief for amicus curiae FCM Coalition for Regulatory Fairness.

Before: HENDERSON, RANDOLPH, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

Separate statement concurring in the judgment filed by Circuit Judge RANDOLPH.

GARLAND, Circuit Judge:

First American Discount Corporation seeks review of an order of the Commodity Futures Trading Commission (CFTC) holding the company jointly and severally liable for the acts of a commodities broker whose liabilities First American had agreed to guarantee. First American contends that the CFTC regulation...

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