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MFS SECURITIES CORP. v. S.E.C.

Docket No. 03-4882.

380 F.3d 611 (2004)

MFS SECURITIES CORP., Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent, New York Stock Exchange, Intervenor.

United States Court of Appeals, Second Circuit.

Decided: August 16, 2004.

Attorney(s) appearing for the Case

Dominic F. Amorosa, New York, NY, for Petitioner.

Mark Pennington, Assistant General Counsel, Securities and Exchange Commission (Giovanni P. Prezioso, General Counsel; Eric Summergrad, Deputy Solicitor; Meyer Eisenberg, Deputy General Counsel, of counsel), Washington, DC, for Respondent.

Jay N. Fastow, Weil, Gotshal & Manges LLP (Jonathan Bloom, of counsel), New York, NY, for Intervenor.

Before: SACK and RAGGI, Circuit Judges, and TRAGER, District Judge.

SACK, Circuit Judge.

Petitioner MFS Securities Corp. ("MFS") seeks review of an order of the Securities and Exchange Commission (the "SEC" or the "Commission") dismissing MFS's application for review of its termination as a member organization by the New York Stock Exchange (the "NYSE" or the "Exchange"). MFS urges that (1) the Commission was, as an institution, biased with respect to MFS and was therefore required to recuse...

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