UNITED STATES OF AMERICA
Before the
COMMODITY FUTURES TRADING COMMISSION

This case is pending before the Commission on a question certified by the Administrative Law Judge ("ALJ"). Our review of the record indicates that resolution of the certified question is unnecessary in light of our recent decision in Murray v. Cargill, Inc., CFTC Docket No. 99-R040 (CFTC Nov. 29, 1999). There we held that Section 14 of the Commodity Exchange Act does not authorize us to grant purely declaratory relief in a reparations proceeding. Murray, slip op. at 4. Because the record in this case establishes that complainant Kohlmeyer is seeking purely declaratory relief, we remand this case to the ALJ for dismissal without prejudice, in light of our holding in Murray.

IT IS SO ORDERED.

By the Commission (Chairman RAINER, and Commissioners HOLUM, SPEARS, NEWSOME, and ERICKSON)

Jean A. Webb
Secretary of the Commission
Commodity Futures Trading Commission

Dated: December 6, 1999