ARTHUR N. ECONOMOU AND ARTHUR N. ECONOMOU & CO., INC., PETITIONERS,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE, RESPONDENT
ARTHUR N. ECONOMOU AND ARTHUR N. ECONOMOU & CO., INC., PETITIONERS,
UNITED STATES DEPARTMENT OF AGRICULTURE, RESPONDENT
494 F.2d 519
United States Court of Appeals for the Second Circuit (1974)
Positive Treatment
Cited by 17 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
-
Butz v. Economou, 438 U.S. 478 (U.S. 1978)
-
Train v. Natural Res. Def. Council, Inc., 421 U.S. 60 (U.S. 1975)
-
S. Terminal Corp. v. Env't Prot. Agency, 504 F.2d 646 (1st Cir. 1974)
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence