Chicago Mercantile Exchange v. Tieken

HASTINGS, Circuit Judge.

The sole question presented by the Government’s motion to strike certain portions of the complaint in this case is whether this court can and/or should take evidence to test plaintiffs’ assertion that there is no rational basis in fact for the act of Congress prohibiting contracts for the sale of onions for future delivery on or subject to the rules of any board of trade in the United States. See Title 7 U.S.C.A. § 13-1. Basically, it is the Government’s position that the congressional hearings establish a rational basis for the enactment of the law and that this court…