Kohen v. Pacific Investment Management Co.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
The defendants in this class action suit have appealed from the district court’s certification of a plaintiff class. Fed.R.Civ.P. 23(f). The suit, based on section 22(a) of the Commodity Exchange Act, 7 U.S.C. § 25(a), accuses the defendants, collectively “PIMCO,” of having violated section 9(a) of the Act, 7 U.S.C. § 13(a), by cornering a futures market. A corner is a form of monopolization. See United States v: Patten, 226 U.S. 525, 539-42, 33 S.Ct. 141, 57 L.Ed. 333 (1913); Great Western Food Distributors, Inc. v. Brannan, 201 F.2d 476, 478-79 (7th Cir.1953); Peto v.…
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