Legal Opinion

Commodity Futures Trading Commission and Securities and Exchange Commission, Alan M. Cohen, Receiver-Appellee v. Martin A. Armstrong

Court of Appeals for the Second Circuit

Decided October 12, 2001No. 2001PublishedCited by 9 opinions

1Opinion of the Court

JON 0. NEWMAN, Circuit Judge.

This motion to dismiss an appeal from an adjudication of civil contempt requires at least preliminary consideration of whether in some limited circumstances a party may obtain appellate review of a civil contempt sanction prior to entry of a final judgment in the underlying action. The Commodity Futures Trading Commission (“CFTC”), the Securities and Exchange Commission (“SEC”), and Temporary Receiver Alan M. Cohen move to dismiss the appeal of Martin A. Armstrong from the July 6, 2001, ruling of the District Court for the Southern District of New York (Richard…

2Cases cited8 opinions

  1. Shillitani v. United StatesSupreme Court of the United States · 1966
  2. Maggio v. ZeitzSupreme Court of the United States · 1948
  3. Oriel v. RussellSupreme Court of the United States · 1929
  4. Morris Simkin v. United StatesCourt of Appeals for the Second Circuit · 1983
  5. 33 Collier bankr.cas.2d 1174, Bankr. L. Rep. P 76,540 in Re Prudential Lines, Inc., Debtor. Lee Dicola, Trustee of the Pli Disbursement Trust, Asbestosis Represented by Maritime Asbestosis Legal Clinic, Intervenor-Plaintiff-Appellee v. American Steamship Owners Mutual Protection and Indemnity Association, Inc.Court of Appeals for the Second Circuit · 1995

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3Cited by9 opinions

  1. Armstrong v. GuccioneCourt of Appeals for the Second Circuit · 2006
  2. Armstrong v. GuccioneDistrict Court, S.D. New York · 2004
  3. J.C. ex rel. C. v. Regional School District 10, Board of EducationCourt of Appeals for the Second Circuit · 2002
  4. Securities & Exchange Commission v. ArmstrongCourt of Appeals for the Second Circuit · 2004
  5. Commodity Futures Trading Commission v. ArmstrongCourt of Appeals for the Second Circuit · 2002

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