UNITED STATES OF AMERICA
Before the
COMMODITY FUTURES TRADING COMMISSION

This case is before the Commission on appeal from an ALJ's order dismissing with prejudice Brooks' complaint pursuant to Commission Regulation 12.310, 17 C.F.R. � 12.310.

The record in this proceeding supports, and we affirm, the ALJ's dismissal of Brooks' complaint. However, based on our review of the record and the ALJ's October 31, 1998 Order of Dismissal, we believe it is appropriate to remand this matter to the ALJ for the limited purpose of providing the respondents an opportunity to move for attorney's fees. The respondents are given thirty days from the date of this Order to file the motion and supporting documents. The ALJ will consider the motion and any opposition that may be filed, and will articulate his reasons for granting or denying the motion.

IT IS SO ORDERED.

By the Commission (Commissioners RAINER and Commissioners HOLUM, SPEARS, NEWSOME and ERICKSON).
(Chairman RAINER, not participating)

Catherine D. Dixon
Assistant Secretary of the Commission
Commodity Futures Trading Commission

Dated: August 19, 1999