Legal Opinion

Michael J. CLARK, Petitioner, v. COMMODITY FUTURES TRADING COMMISSION, Respondent

Court of Appeals for the Second Circuit

Decided February 17, 1999No. Docket 98-4291PublishedCited by 11 opinions

1Opinion of the CourtMiner, Circuit J.

Respondent Commodity Futures Trading Commission (the “Commission”) moves to dismiss, for lack of subject matter jurisdiction, a petition for review filed in this Court by petitioner Michael J. Clark. By the petition, Clark seeks review of an Opinion and Order of the Commission affirming a disciplinary decision of the Commodity Exchange, Inc. (“COMEX”). The disciplinary decision determined that Clark had violated certain Rules of the COMEX and imposed upon him a fine, a suspension from trading and a cease and desist order. The Commission contends that only a district court may undertake the…

2Cases cited8 opinions

  1. Califano v. SandersSupreme Court of the United States · 1977
  2. Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985
  3. Franklin Henderson v. Immigration and Naturalization Service, Saul Navas v. Janet Reno, as Attorney General of the United States, Engin Yesil v. Janet Reno, Attorney General Doris Meissner, Commissioner of the Immigration and Naturalization Service Immigration and Naturalization Service John B.Z. Caplinger, District Director Nancy Hooks, Officer in Charge, Guillermo Mojica v. Janet Reno, as Attorney General of the United States, Saul Navas v. Janet Reno, as Attorney General of the United StatesCourt of Appeals for the Second Circuit · 1998
  4. Suburban O'Hare Commission v. Elizabeth Hanford Dole, Secretary of the Department of TransportationCourt of Appeals for the Seventh Circuit · 1986
  5. National Parks & Conservation Ass'n v. Federal Aviation AdministrationCourt of Appeals for the Tenth Circuit · 1993

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3Cited by11 opinions

  1. Nebraska Public Power District v. United StatesCourt of Appeals for the Federal Circuit · 2010
  2. Zheng v. RenoDistrict Court, S.D. New York · 2001
  3. Natural Resources Defense Council v. AbrahamCourt of Appeals for the Second Circuit · 2004
  4. Fogel v. Department of DefenseDistrict Court, E.D. New York · 2001
  5. Natural Resources Defense Council v. AbrahamCourt of Appeals for the Second Circuit · 2004

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