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FOG CUTTER CAPITAL GROUP INC. v. S.E.C.

No. 06-1071.

474 F.3d 822 (2007)

FOG CUTTER CAPITAL GROUP INC., Petitioner v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 23, 2007.

Attorney(s) appearing for the Case

Meredith Moss argued the cause for petitioner. With her on the briefs were Lanny J. Davis and James A. Meyers.

Dominick V. Freda, Senior Counsel, Securities & Exchange Commission, argued the cause for respondent. With him on the brief were Brian G. Cartwright, General Counsel, Andrew N. Vollmer, Deputy General Counsel, Jacob H. Stillman, Solicitor, and Randall W. Quinn, Assistant General Counsel. Eric Summergrad, Deputy Solicitor, entered an appearance.

Before: GINSBURG, Chief Judge, and RANDOLPH and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The National Association of Securities Dealers (NASD) delisted Fog Cutter Capital Group's public stock from Nasdaq. The Securities and Exchange Commission dismissed Fog Cutter's petition for review. In re Fog Cutter Capital Group, Inc., Exchange Act Release No. 34-5,2993, 2005 WL 3500274, at *4 (Dec. 21, 2005). The issue in this petition for judicial review is whether the...

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