COMMODITY FUTURES TRADING COM'N v. ARMSTRONG

Nos. 01-6159L, 01-6160CON.

269 F.3d 109 (2001)

COMMODITY FUTURES TRADING COMMISSION and Securities and Exchange Commission, Plaintiffs-Appellees, Alan M. Cohen, Receiver-Appellee, v. Martin A. ARMSTRONG, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2001.

Decided: October 12, 2001.


Attorney(s) appearing for the Case

Bernard V. Kleinman, White Plains, N.Y., for Defendant-Appellant.

Nancy R. Page, Asst. General Counsel, Commodity Futures Trading Commission, Wash., D.C., and Katharine B. Gresham, Asst. General Counsel, Securities and Exchange Commission, Wash., D.C., (Kirk T. Manhardt, Deputy General Counsel, Commodity Futures Trading Commission, Wash., D.C.; Jacob H. Stillman, Solicitor, Dorothy Heyl, Senior Trial Counsel, Securities and Exchange Commission, Wash., D.C.; and Martin Glenn, O'Melveny & Myers LLP, New York, N.Y., on the brief), for Plaintiffs-Appellees and Receiver-Appellee.

Before: NEWMAN, CALABRESI, and SACK, Circuit Judges.


JON O. NEWMAN, Circuit Judge.

This motion to dismiss an appeal from an adjudication of civil contempt requires at least preliminary consideration of whether in some limited circumstances a party may obtain appellate review of a civil contempt sanction prior to entry of a final judgment in the underlying action. The Commodity Futures Trading Commission ("CFTC"), the Securities and Exchange Commission ("SEC"), and Temporary Receiver Alan M. Cohen move to dismiss the...

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