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LAKE SHORE ASSET MANA. v. COMMOD. FUTURES TRADING, COM'N

Nos. 07-3057, 07-3070.

511 F.3d 762 (2007)

LAKE SHORE ASSET MANAGEMENT LIMITED, Petitioner, v. COMMODITY FUTURES TRADING COMMISSION, Respondent. COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee, v. Lake Shore Asset Management Limited, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 28, 2007.

Attorney(s) appearing for the Case

William J. Nissen, Sidley Austin, James A. McGurk, Chicago, IL, for Petitioner/Defendant-Appellant.

Martin B. White, Commodity Futures Trading Commission, Office of the General Counsel, Washington, DC, for Respondent/Plaintiff-Appellee.

Before EASTERBROOK, Chief Judge, and BAUER and MANION, Circuit Judges.

EASTERBROOK, Chief Judge.

The Commodity Futures Trading Commission believes that Lake Shore Asset Management, a commodity-pool operator and adviser in the derivatives business, has failed to produce the records required by 7 U.S.C. § 6n(3)(A) and the corresponding regulations, 17 C.F.R. §§ 1.31, 4.23, and 4.33. The district judge entered an exparte order of indefinite duration not only requiring Lake Shore to produce the records that the CFTC...

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