Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: GREAT WESTERN FOOD DISTRIBUTORS, INC., NATHANIEL E. HESS, CHARLES S. 

BORDEN, THOMAS F. HAYNES AND HARTLEY L. HARRIS 

CITATION: 12 Agric. Dec. 847 

DOCKET NUMBER: 48 

DATE: JULY 31, 1953 

DOCUMENT TYPE: MODIFICATION OF ORDER 

(No. 3565) 

In re GREAT WESTERN FOOD DISTRIBUTORS, INC., NATHANIEL E. HESS, CHARLES S. 

BORDEN, THOMAS F. HAYNES AND HARTLEY L. HARRIS. CEA Docket No. 48. Decided 

July 31, 1953. 

Modification of Order to Permit Trading Privileges

The order of June 20, 1951 is hereby modified to permit respondents Great 

Western Food Distributors, Inc., Nathaniel E. Hess, and Charles S. Borden to 

trade for customers other than themselves or each other, in their capacities as 

registered futures commission merchants or floor brokers, as the case may be. 

Mr. Bernard Tomson of Bernstein, Weiss, Tomson, Hammer, and Parter, of New York, 

New York, and Mr. George L. Siegel of Arbey, Hodes, and Mantynband, of Chicago, 

Illinois, for respondents. 

Decision by Thomas J. Flavin, Judicial Officer

MODIFICATION OF ORDER

On June 20, 1951, an order was entered (10 Agric. Dec. 783 (10 A.D. 783)) 

directing all contract markets to refuse all trading privileges to respondents 

Great Western Food Distributors, Inc., Nathaniel E. Hess, and Charles S. Borden, 

for a period of one year. The said order was subsequently stayed pending 

appeal, and on June 22, 1953, an order was entered vacating the stay and 

directing that the order of June 20, 1951, become effective September 1, 1953. 

The respondents filed a petition on July 30, 1953, asking that the order of 

June 20, 1951, be clarified or modified to permit trading by respondents in 

their registered capacities for customers other than themselves. Petitioners 

assert that the order of June 20, 1951, does not suspend the registrations of 

Great Western Food Distributors, Inc., as futures commission merchant, Nathaniel 

E. Hess as floor broker, and Charles S. Borden as floor broker. The petitioners 

further assert that the complaint charges no misconduct against respondents in 

their registered capacities for customers other than themselves. 

It is not necessary to pass on the merits of petitioners' asserted grounds 

for clarification or modification of the order. The complaint issued against 

respondents on July 12, 1948, cited respondents to show cause why all contract 

markets should not refuse all trading privileges to each of the respondents, and 

to show cause also why the registration of Great Western Food Distributors, Inc. 

as a futures commission merchant, and the registrations of Nathaniel 

E. Hess and Charles S. Borden as floor brokers should not be suspended or 

revoked. 
Page 2 

Neither the complainants' suggested order nor the order issued on June 20, 

1951, mentions the registration of Great Western Food Distributors, Inc., as a 

futures commission merchant, and Nathaniel E. Hess and Charles S. Borden as 

floor brokers. The fact that the sanction contained in the suggested order and 

in the final order varied from the sanction specified in the complaint may have 

misled the respondents and prevented them from arguing for a lesser sanction at 

the appropriate time. 

Accordingly, the order of June 20, 1951, is hereby modified to permit 

respondents Great Western Food Distributors, Inc., Nathaniel E. Hess, and 

Charles S. Borden to trade for customers other than themselves or each other, in 

their capacities as registered futures commission merchants or floor brokers, as 

the case may be. 

A copy hereof shall be served upon the respondents and the contract markets 

by registered mail. 

LOAD-DATE: June 8, 2008 
Page 3