UNITED STATES OF AMERICA
COMMODITY FUTURES TRADING COMMISSION
JOHN A. INDELICATO and CFTC Docket No. CRAA 97-9
THE PROFESSIONAL COMMODITY
ORDER PURSUANT TO
GROUP, INC. DELEGATED AUTHORITY
NATIONAL FUTURES ASSOCIATION
John A. Indelicato and The Professional Commodity Group, Inc. have requested reconsideration of the Commission's Order of August 7, 1997, denying their petitions to stay suspensions imposed by the National Futures Association ("NFA") and dismissing their appeals of those suspensions. See Petition for Commission Reconsideration (Aug. 18, 1997). The suspensions were imposed for nonpayment of an NFA arbitration award.
NFA has filed a response, stating that on August 21, 1997, it learned for the first time that respondents filed a petition to vacate the arbitration award in the Superior Court of California on July 24, 1997. NFA asserts, with supporting documentation, that upon learning of the pending court proceeding and in accordance with NFA practice, it lifted the suspensions on
August 25, 1997. In light of NFA's action, the petition for reconsideration is dismissed as moot.
IT IS SO ORDERED.(1)
J. Douglas Richards
Deputy General Counsel
Commodity Futures Trading Commission
Dated: October 29, 1997
1. For the Commission pursuant to delegated authority. See 17 C.F.R. §§ 171.50(a)(2),(8) (1997).