DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
143698P.pdf 06/20/2016 Automated Matching Systems v. U.S. Securities and Exchange
U.S. Court of Appeals Case No: 14-3698
and No: 15-2448
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] Shepherd, Author, with Beam and Kelly, Circuit Judges]
Petition for Review - Order of the Securities and Exchange Commission.
Petitioner challenges an order of the Commission denying its application
for a limited volume exemption from registration as a national securities
exchange under Section 5 of the Securities Exchange Act of 1934 and the
district court's dismissal of the petitioner's complaint for lack of
jurisdiction; the Commission reasonably concluded that the Act does not
permit an exempt exchange to operate with the self-regulatory powers
petitioner proposed in its application; the district court did not err in
determining it did not have jurisdiction to hear petitioner's claims
alleging procedural deficiencies in the Commission's work or petitioner's
claim for a declaratory judgment.