Legal Opinion

Equitable Trust Company v. Commodity Futures Trading Commission

Court of Appeals for the Fifth Circuit

Decided March 3, 1982No. 81-1020PublishedCited by 29 opinions

1Opinion of the Court

GEE, Circuit Judge:

On November 23, 1977, the Commodity Futures Trading Commission (“Commission”) issued an order in the matter of a December 1977 coffee “C” futures contract, an executory contract for future sale, delivery, and payment of coffee traded on the New York Coffee and Sugar Exchange (“Exchange”). The Exchange is designated by the Commission as a “contract market.” 7 U.S.C. § 7. The order was issued pursuant to section 8a(9) of the Commodity Futures Trading Commission Act of 1974, 7 U.S.C. § 12a(9). 1 The emergency order, issued ex parte without a hearing, stated that, on the basis…

2Cases cited12 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Durfee v. DukeSupreme Court of the United States · 1963
  3. American Surety Co. v. BaldwinSupreme Court of the United States · 1932
  4. Joseph Segal, and Western States Telephone Co., Inc., Etc. v. American Telephone and Telegraph Company, Inc., Etc.Court of Appeals for the Ninth Circuit · 1979
  5. John A. Acree v. Air Line Pilots AssociationCourt of Appeals for the Fifth Circuit · 1968

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3Cited by29 opinions

  1. Winters v. Diamond Shamrock Chemical Co.Court of Appeals for the Fifth Circuit · 1998
  2. Bromwell v. Michigan Mutual Insurance CompanyCourt of Appeals for the Third Circuit · 1997
  3. Goeke v. WoodsTennessee Supreme Court · 1989
  4. Magnus Electronics, Inc. v. La Republica ArgentinaCourt of Appeals for the Seventh Circuit · 1987
  5. United States v. "Monkey"Court of Appeals for the Fifth Circuit · 1984

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