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COMMODITY FUTURES TRADING v. MONEX DEPOSIT

No. 15-1467.

824 F.3d 690 (2016)

COMMODITY FUTURES TRADING COMMISSION, Plaintiff-Appellee, v. MONEX DEPOSIT COMPANY, Monex Credit Company, and Newport Service Corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 1, 2016.

Attorney(s) appearing for the Case

Carlin Ray Metzger , Robert A. Schwartz , Anne Stukes , Attorneys, Commodity Futures Trading Commission, Office of the General Counsel, Chicago, IL, for Plaintiff-Appellee.

Oscar L. Alcantara , Stephanie J. Harris , Attorneys, Goldberg Kohn Ltd., Chicago, IL, Benjamin C. Geiger , Neil A. Goteiner , Attorneys, Farella Braun & Martel, San Francisco, CA, for Defendants-Appellants.

Before POSNER, EASTERBROOK, and WILLIAMS, Circuit Judges.

The Commodity Futures Trading Commission regulates contracts concerning commodities for future delivery when offered on margin or another form of leverage. 7 U.S.C. § 2(c)(2)(D)(i)(II), (iii), § 6, § 6b. But the statute creates an exception for a contract that "results in actual delivery within 28 days...

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