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Commodity Futures Trading Commission 

CEA CASES 

NAME: GENERAL FOODS CORPORATION, CHARLES W. METCALF, DANIEL F. RICE AND COMPANY, 

DANIEL F. RICE, LAWRENCE J. RYAN, AND PHILIP R. O'BRIEN 

CITATION: 6 Agric. Dec. 756 

DOCKET NUMBER: 34 

DATE: AUGUST 13, 1947 

DOCUMENT TYPE: SUPPLEMENTAL ORDER 

(A. D. 1574) 

 

In re GENERAL FOODS CORPORATION ET AL. CEA Doc. No. 34. Decided August 13, 

1947. 

Motion for Stay of Suspension Orders Granted

Orders of April 28, 1947, and July 11, 1947, are stayed and suspended as to 

respondent Lawrence J. Ryan, subject to conditions stated in Ryan's motion 

quoted herein. 

 

Messrs. Bowden & Taylor, of Chicago, Illinois, for respondents. Mr. Benj. M. 

Holstein for Commodity Exchange Administration. 

Decision by Thomas J. Flavin, Judicial Officer.

SUPPLEMENTAL ORDER

On August 11, 1947, respondent Lawrence J. Ryan in this disciplinary 

proceeding under the Commodity Exchange Act (7 U. S. C. Chapter 1) presented a 

motion to stay and suspend the decisions and orders entered in this proceeding 

on April 28, 1947 6 Agric. Dec. 288 (6 A. D. 288), and July 11, 1947, 6 Agric. 

Dec. 652 (6 A. D. 652), insofar as they relate to respondent Ryan. The 

 

 

motion points out that the sanctions imposed upon respondent Ryan are less than 

those imposed upon the other respondents because of a lesser degree of 

participation in the violations of the act found, that the other respondents 

have sought judicial review and have secured stay orders from the United States 

Circuit Court of Appeals for the Seventh Circuit pending outcome of judicial 

review, and that a court review by Ryan would be expensive, burdensome, and 

oppressive to him. Accordingly, under the circumstances, Ryan's motion proposes 

that, since the same issues would be raised by him in judicial review as the 

other respondents are raising, the effective dates of the sanctions ordered as 

to him be stayed pending the outcome of the judicial review sought by 

respondents Daniel F. Rice and Daniel F. Rice and Company. 

Respondent Ryan asks that an order be entered substantially as follows: 

"(a) Staying and suspending the Orders dated April 28, 1947, and July 11, 

1947, of Thomas J. Flavin, Judicial Officer, insofar as they relate to the 

Respondent, Lawrence J. Ryan, until the Circuit Court of Appeals for the Seventh 

Circuit passes upon and determines the Petition for Review filed by Daniel F. 

Rice & Co., a partnership, and Daniel F. Rice, respectively, conditioned as 

follows: 

"1. In the event the Circuit Court of Appeals for the Seventh Circuit 

reverses and sets aside the Orders entered on April 28, 1947, and July 11, 1947, 

insofar as they affect Daniel F. Rice & Co., a partnership, and Daniel F. Rice, 
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that said Orders shall stand reversed and be set aside as to the Respondent, 

Lawrence J. Ryan, in this proceeding when the mandate of said Court becomes 

effective as fully as if he had perfected a review of said Orders in accordance 

with the provisions of Section 6 (b) of the Commodity Exchange Act; 

"2. If the Circuit Court of Appeals for the Seventh Circuit affirms said 

Orders, then and when the mandate of said Court becomes effective as to Daniel 

F. Rice & Co., a partnership, and Daniel F. Rice the sanctions imposed upon the 

Respondent, Lawrence J. Ryan, by said Order of July 11, 1947, shall become 

effective as to said Respondent; 

"3. That the Respondent, Lawrence J. Ryan, waives his right to seek a review 

of or file an appeal from the Decision and Order dated April 28, 1947, of Thomas 

J. Flavin, Judicial Officer, as modified by the provisions of the further Order 

dated July 11, 1947 insofar as said Orders relate to Respondent, Lawrence J. 

Ryan." 

Complainant states that it has no objection to the entry of the requested 

order if the wording of the paragraph numbered (a) 2 above be changed slightly 

to provide that if the Circuit Court of Appeals affirms the appealed orders, the 

sanctions as to respondent Ryan shall become effective when the mandate of the 

Court becomes effective as 

 

 

to respondent Daniel F. Rice or respondent Daniel F. Rice and Company. 

Complainant's statement says that respondent Ryan's counsel concurs in this 

change. Accordingly, the orders dated April 28, 1947, and July 11, 1947, are 

stayed and suspended as to respondent Ryan, subject to the conditions recited in 

Ryan's motion quoted above as modified in paragraph numbered (a) 2 by the 

substitution of "or" for "and" immediately after the word "partnership." 

Copies hereof shall be served upon the parties and upon all contract markets. 

LOAD-DATE: March 12, 2008 
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