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IN RE SUBPOENA DUCES TECUM, COMM. FUTURES TRADING

No. 05-5168.

439 F.3d 740 (2006)

In re: SUBPOENA DUCES TECUM ISSUED TO COMMODITY FUTURES TRADING COMMISSION WD ENERGY SERVICES INC., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 3, 2006.

Attorney(s) appearing for the Case

Julian W. Poon argued the cause for appellant. With him on the briefs were David A. Battaglia, J. Christopher Jennings, and Miguel A. Estrada. Douglas F. John entered an appearance.

Steven N. Williams argued the cause for appellee E. & J. Gallo Winery. With him on the brief were Jon Cuneo and David W. Stanley.

Michael S. Raab, Attorney, U.S. Department of Justice, argued the cause for federal appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Catherine Y. Hancock, Attorney, Kirk T. Manhardt, Deputy General Counsel, Commodity Futures Trading Commission, Glynn L. Mays, Senior Assistant General Counsel, and Gloria P. Clement, Assistant General Counsel. Thuy T. Dinh, Attorney, entered an appearance.

Before: ROGERS, TATEL and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

This is an appeal of a discovery order. In April 2003, E. & J. Gallo Winery sued WD Energy Services, Inc. (f/k/a EnCana Energy Services, Inc.) in the Eastern District of California during the pendency of an investigation by the Commodity Futures Trading Commission of the California natural gas market. Gallo alleged that WD Energy (and other energy companies) had unlawfully manipulated...

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