Legal Opinion

Thomas Bernstein v. Lind-Waldock & Company and Chicago Mercantile Exchange

Court of Appeals for the Seventh Circuit

Decided June 18, 1984No. 83-2420PublishedCited by 136 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This action by a former member of the Chicago Mercantile Exchange, Bernstein, against the Exchange and one of its clearing members, Lind-Waldock, raises intricate questions of federal jurisdiction, involving the timeliness of the appeal, the removability of the action, and the doctrine of pendent-party jurisdiction, as well as substantive issues under the Fifth and Fourteenth Amendments and the Commodity Exchange Act.

Bernstein owned a seat on the International Monetary Market division of the Chicago Mercantile Exchange. In accordance with the rules of the Exchange he…

2Cases cited35 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
  4. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  5. Moor v. County of AlamedaSupreme Court of the United States · 1973

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3Cited by136 opinions

  1. Gentek Building Products, Inc., Steel Peel Litigation Trust, Formerly Known as Sherwin-Williams Claims Trust v. The Sherwin-Williams CompanyCourt of Appeals for the Sixth Circuit · 2007
  2. Royal Canin U. S. A. v. WullschlegerSupreme Court of the United States · 2025
  3. Junior Ray Duckworth, Cross-Appellants v. Gayle Franzen, Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1986
  4. Retail Property Trust v. United Brotherhood of Carpenters & Joiners of AmericaCourt of Appeals for the Ninth Circuit · 2014
  5. Chauncey L. Moore, Jr. v. The Marketplace Restaurant, Inc.Court of Appeals for the Seventh Circuit · 1985

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