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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.