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COMMODITY FUTURES TRADING COM'N v. ZELENER

No. 03-4245.

387 F.3d 624 (2004)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellant, v. Michael ZELENER, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 20, 2004.

Attorney(s) appearing for the Case

Kirk T. Manhardt (argued), C. Maria Dill Godel, Commodity Futures Trading Commission Office of the General Counsel, Washington, DC, for Plaintiff-Appellant.

Lloyd A. Kadish, Kadish & Associates, Scott E. Early (argued), Foley & Lardner, Chicago, IL, for Defendants-Appellees.

Before FLAUM, Chief Judge, and POSNER, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, WOOD, EVANS, WILLIAMS, and SYKES, Circuit Judges.

PETITION FOR REHEARING AND REHEARING EN BANC.

Plaintiff-appellant filed a petition for rehearing and rehearing en banc on August 11, 2004. All of the judges on the panel voted to deny rehearing. A judge called for a vote on the petition for rehearing en banc, but a majority of the active judges did not favor rehearing en banc. Accordingly, the petition is denied.

RIPPLE, Circuit Judge, dissenting from the denial of rehearing en banc.

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