Legal Opinion
Bankr. L. Rep. P 68,455 Commodity Futures Trading Commission v. Incomco, Inc., Philip M. Smith, Lincolnwood, Inc., Robert S. Novick
Court of Appeals for the Second Circuit
Decided May 12, 1981No. 505, Docket 80-6170PublishedCited by 17 opinions
1Opinion of the Court
MOTLEY, District Judge:
This is an appeal by the Commodity Futures Trading Commission (CFTC) from an order dismissing its action for preliminary and permanent injunctive relief against named individuals and corporations engaged in the business of commodity futures trading and who have refused representatives of CFTC access to books and records relating to their trading activity. We hold that the CFTC’s complaint was prematurely dismissed by the trial court. We remand for further proceedings.
The Proceeding Below
On May 8, 1980, CFTC representatives entered the offices of appellees Incomco, Inc.…
2Cases cited6 opinions
- United States v. W. T. Grant Co.Supreme Court of the United States · 1953
- Securities and Exchange Commission v. Manor Nursing Centers, Inc.Court of Appeals for the Second Circuit · 1972
- Forts v. WardCourt of Appeals for the Second Circuit · 1977
- Fed. Sec. L. Rep. P 97,148 Securities and Exchange Commission v. Monarch Fund, Aspen Fund II and Bruce B. PaulCourt of Appeals for the Second Circuit · 1979
- Scm Corporation v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Richard D. Kern v. Frank J. Clark, Iii, G. Michael Drmacich, and Barry A. ZavahCourt of Appeals for the Second Circuit · 2003
- Donovan v. PorterDistrict Court, D. Maryland · 1984
- In Re Nitec Paper Corp.District Court, S.D. New York · 1984
- Securities & Exchange Commission v. Towers Financial Corp.District Court, S.D. New York · 1997
- Donovan v. TMC Industries, Ltd.District Court, N.D. Georgia · 1982
12 more not listed; retrieve them via the Exa API.