Economou v. United States Department of Agriculture, 759

Decision Date28 March 1974
Docket NumberDocket 73-1221.,No. 759,759
Citation494 F.2d 519
PartiesArthur N. ECONOMOU and Arthur N. Economou & Co., Inc., Petitioners, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent.
CourtU.S. Court of Appeals — Second Circuit

Arthur N. Economou, petitioner pro se.

Jackson & Kupperman, Brooklyn, N. Y., on the brief for petitioner Corp.

Irving Jaffe, Acting Asst. Atty. Gen., Civil Div., Dept. of Justice (Morton Hollander and Michael H. Stein, Attys., Civil Div., Dept. of Justice, Washington, D. C., of counsel), on the brief for respondent.

Before KAUFMAN, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

PER CURIAM:

Petitioners, who are no longer in business as futures commission merchants under the Commodity Exchange Act seek review of a 90-day suspension order, advancing numerous grounds, including estoppel, lack of evidence of violation and of willfulness. We need not address most of these, since it appears that the essential finding of willfulness, now passionately protested, was made in a proceeding instituted without the customary warning letter, which the Judicial Officer conceded might well have resulted in prompt correction of the claimed insufficiencies. Under these circumstances, the finding of willfulness appears erroneous on the record taken as a whole, and the sanctions imposed unwarranted.

The petition for review is granted and the order set aside.

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7 cases
  • Butz v. Economou
    • United States
    • U.S. Supreme Court
    • June 29, 1978
    ...the Judicial Officer conceded might well have resulted in prompt correction of the claimed insufficiencies." Economou v. U. S. Department of Agriculture, 494 F.2d 519 (1974). While the administrative complaint was pending before the Judicial Officer, respondent filed this lawsuit in Federal......
  • Economou v. U.S. Dept. of Agriculture
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 23, 1976
    ... ... 535 F.2d 688 ... Arthur N. ECONOMOU, Plaintiff-Appellant, ... UNITED STATES DEPARTMENT OF AGRICULTURE et al., Defendants-Appellees ... No ... ...
  • S.E.C. v. American Bd. of Trade, Inc.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • September 28, 1987
    ...v. American Bd. of Trade, Inc., 803 F.2d 1242 (2d Cir.1986), aff'g 473 F.Supp. 1177 (S.D.N.Y.1979); Economou v. United States Dep't of Agric., 494 F.2d 519 (2d Cir.1974) (per curiam); Economou v. Wade, 515 F.Supp. 813 (S.D.Iowa 1980); American Bd. of Trade, Inc. v. American Stock Exch., Inc......
  • First Commodity Corp. of Boston v. Commodity Futures Trading Commission
    • United States
    • U.S. Court of Appeals — First Circuit
    • March 25, 1982
    ...Haltmier v. CFTC, 554 F.2d 556, 562 (2d Cir. 1977); Silverman v. CFTC, 549 F.2d 28, 31 (7th Cir. 1977); Economou v. Department of Agriculture, 494 F.2d 519 (2d Cir. 1974) (per curiam); McCurnin v. Kohlmeyer & Co., 347 F.Supp. 573, 575-76 (E.D.La.1972), aff'd, 477 F.2d 113 (5th Cir. 1973). S......
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