Fog Cutter Capital Group Inc. v. Securities & Exchange Commission
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Circuit Judge RANDOLPH.
RANDOLPH, Circuit Judge:
The National Association of Securities Dealers (NASD) delisted Fog Cutter Capital Group’s public stock from Nasdaq. The Securities and Exchange Commission dismissed Fog Cutter’s petition for review. In re Fog Cutter Capital Group, Inc., Exchange Act Release No. 34-5,2993, 2005 WL 3500274, at *4 (Dec. 21, 2005). The issue in this petition for judicial review is whether the Commission’s dismissal was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law,” 5 U.S.C. § 706(2)(A).
The NASD…
2Cases cited1 opinion
- United States v. ArmstrongSupreme Court of the United States · 1996
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