U.S. Court of Appeals for the Second Circuit, 1974

Economou v. United States Department of Agriculture

Economou v. United States Department of Agriculture
U.S. Court of Appeals for the Second Circuit · Decided March 28, 1974
494 F.2d 519 (Federal Reporter, Second Series)

Economou v. United States Department of Agriculture

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.

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