PICCOLO v. COMMODITY FUTURES TRADING COM'N

Docket No. 03-40399.

388 F.3d 387 (2004)

Stephen PICCOLO, Petitioner, v. COMMODITY FUTURES TRADING COMMISSION AND COFFEE, Sugar & Cocoa Exchange, Inc., Respondents.

United States Court of Appeals, Second Circuit.

Decided November 2, 2004.


Attorney(s) appearing for the Case

James Kirshner, Brooklyn, N.Y. (Lance Lazzaro and Lazzaro & Gregory, P.C., of counsel), for Petitioner.

William S. Liebman, Assistant General Counsel, Commodity Futures Trading Commission, Washington, DC (Patrick J. McCarty, General Counsel, Kirk Manhardt, Deputy General Counsel, of counsel), for Respondent Commodity Futures Trading Commission.

Jason Jurgens, New York, N.Y. (H. Peter Haveles, Jr., Cadwalader, Wickersham & Taft, of counsel), for Respondent Coffee, Sugar & Cocoa Exchange, Inc.

Before WALKER, Chief Judge, and OAKES and POOLER, Circuit Judges.


PER CURIAM.

Stephen Piccolo, a clerk at the Coffee, Sugar & Cocoa Exchange, Inc. ("Exchange" or "CSCE"), petitions this Court to review the order of the Commodity Futures Trading Commission ("Commission" or "CFTC") summarily affirming the decision of the Executive Floor Committee of the Exchange, which found that Piccolo's involvement in a physical altercation outside the Exchange warranted suspending his registration...

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