1. Home
  2. Browse Decisions
  3. F.3d
  4. 396 F.3d
  5. 396 F.3d 1168 (2005)
 

TAUCHER v. BROWN-HRUSKA

No. 04-5026.

396 F.3d 1168 (2005)

Frank TAUCHER, et al., Appellees v. Sharon BROWN-HRUSKA, Acting CFTC Chairman, et al., Appellants

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 2005.

Attorney(s) appearing for the Case

William S. Liebman, Assistant General Counsel, Commodity Futures Trading Commission, argued the cause for appellants. With him on the briefs was Kirk T. Manhardt, Deputy General Counsel.

Scott G. Bullock argued the cause for appellees. With him on the brief was William H. Mellor.

Before: EDWARDS, HENDERSON, and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBERTS.

Dissenting opinion filed by Circuit Judge EDWARDS.

ROBERTS, Circuit Judge.

After a federal district court declared a portion of the Commodity Exchange Act unconstitutional, the prevailing parties sought attorneys' fees under the Equal Access to Justice Act. A magistrate judge concluded that the Commodity Futures Trading Commission's defense of the Act was not substantially justified, and accordingly...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases