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US COMMODITY FUTURES TRADING v. NRG ENERGY

No. 05-2570.

457 F.3d 776 (2006)

UNITED STATES COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellant, v. NRG ENERGY, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 4, 2006.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Martin B. White of Washington, D.C. Also appearing on the brief were Patrick J. McCarty, Kirk Manhardt, and Glynn L. Mays.

Counsel who presented argument on behalf of the appellee was Charles B. Rogers of Minneapolis, Minnesota. Also appearing on the brief were Timothy G. Gelinski and Jason R. Asmus.

Before MURPHY, GIBSON, and BENTON, Circuit Judges.

MURPHY, Circuit Judge.

The Commodity Futures Trading Commission (Commission) brought this action in the District of Minnesota to enjoin NRG Energy, Inc. (NRG) from reporting inaccurate market information in violation of the Commodity Exchange Act (the Act). NRG moved to dismiss for lack of jurisdiction because of its Chapter 11 case in the bankruptcy court in the Southern District of New York. The district court granted the...

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