LAW.coLAW.co

Arthur N. ECONOMOU and Arthur N. Economou & Co., Inc., Petitioners, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Respondent

United States Court of Appeals for the Second Circuit1974-03-28No. No. 759, Docket 73-1221
494 F.2d 519

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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 insuffi-ciencies. 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.