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INVESTMENT CO. INST. v. COMMODITY FUTURES TRADING

No. 12-5413.

720 F.3d 370 (2013)

INVESTMENT COMPANY INSTITUTE and Chamber of Commerce of the United States of America, Appellants v. COMMODITY FUTURES TRADING COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 2013.

Attorney(s) appearing for the Case

Eugene Scalia argued the cause for appellants. On the briefs were Robin S. Conrad and Rachel Brand.   Daniel T. Davis entered an appearance.

Steven G. Bradbury and Susan Ferris Wyderko were on the brief for amici curiae Mutual Fund Directors Forum, et al. in support of appellants.

Jonathan L. Marcus , Deputy General Counsel, U.S. Commodity Futures Trading Commission, argued the cause for appellee. With him on the brief were Dan M. Berkovitz , General Counsel, Robert A. Schwartz , Nancy R. Doyle , and Martin B. White , Assistant General Counsel, and Melissa Chiang , Counsel.

John M. Devaney , Martin E. Lybecker , Dennis M. Kelleher , and Stephen W. Hall were on the brief for amici curiae The National Futures Association, et al. in support of appellee.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

SENTELLE, Senior Circuit Judge:

The Investment Company Institute and the Chamber of Commerce of the United States brought this action against the Commodity Futures Trading Commission (CFTC), seeking a declaratory judgment that recently adopted regulations of the Commission regarding derivatives trading were unlawfully adopted and invalid, and seeking to vacate and set aside those regulations and to enjoin their enforcement. The district court granted summary judgment...

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