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SACKS v. S.E.C.

No. 07-74647.

648 F.3d 945 (2011)

Richard L. SACKS, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 22, 2011.

Amended August 8, 2011.

Attorney(s) appearing for the Case

Timothy A. Canning , Arcata, California, for the petitioner.

Brian G. Cartwright , General Counsel, Andrew N. Vollmer , Deputy General Counsel, Jacob H. Stillman , Solicitor, Mark Pennington , Assistant General Counsel, Washington, D.C., for the respondent.

Before: MARY M. SCHROEDER, SIDNEY R. THOMAS, and RONALD M. GOULD, Circuit Judges.

ORDER

The opinion is amended as follows:

1. Page 2745 [635 F.3d at 1123], line 30, to Page 2746 [635 F.3d at 1123-24], line 16. Delete:

Where Congress has enacted a special statutory review process for administrative action, that process applies to the exclusion of the Administrative Procedure Act ("APA") or other general exhaustion principles. See 5 U.S.C. § 703; Bowen v. Massachusetts, 487 U.S. 879

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