United States DC Circuit

In a suit where a portion of the Commodity Exchange Act was declared unconstitutional, the award of attorneys' fees to the prevailing parties is reversed where defendant's defense was a reasonable one on the merits.

Appellate Information

• Argued 10/08/2004
• Decided 01/28/2005
• Published 01/28/2005

Judges

• Before:  EDWARDS, HENDERSON, and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• William S. Liebman, Assistant General Counsel, Commodity Futures Trading Commission, argued the cause for appellants.   With him on the briefs was Kirk T. Manhardt, Deputy General Counsel.


• For Appellees:
  
• Scott G. Bullock argued the cause for appellees.   With him on the brief was William H. Mellor.