Legal Opinion

Dominic Marchese v. Shearson Hayden Stone, Inc., (Two Cases)

Court of Appeals for the Ninth Circuit

Decided July 21, 1987No. 85-6098, 86-6416PublishedCited by 6 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

In 1978 Márchese initiated this class action suit against Shearson Hayden Stone, Inc. (“Shearson”), seeking a declaratory judgment that futures commission merchants (colloquially called commodity brokers, but referred to here as FCMs) are prohibited by section 4d of the Commodity Exchange Act (“Act”), 7 U.S.C. § 6d (1982), from retaining interest earned on margin funds deposited by their customers who speculate in futures trading. After many procedural issues were disposed of, including a prior appeal to this court (Marchese v. Shearson Hayden Stone, Inc., 734 F.2d…

2Cases cited7 opinions

  1. North Haven Board of Education v. BellSupreme Court of the United States · 1982
  2. Fort Vancouver Plywood Co., a Washington Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1984
  3. Dominic Marchese v. Shearson Hayden Stone, Inc.Court of Appeals for the Ninth Circuit · 1984
  4. Brett C. Kimberlin v. United States Department of JusticeCourt of Appeals for the Seventh Circuit · 1986
  5. Crabtree Investments, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc.District Court, M.D. Louisiana · 1984

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3Cited by6 opinions

  1. Randy BIBBO, Plaintiff-Appellant, v. DEAN WITTER REYNOLDS, INC., Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1998
  2. Drexel Burnham Lambert Inc. And David Joe Ragan v. Commodity Futures Trading Commission and Sansom Refining CompanyCourt of Appeals for the D.C. Circuit · 1988
  3. Frederick Grede v. FCStone LLCCourt of Appeals for the Seventh Circuit · 2017
  4. Wilderness Watch v. United States Forest ServiceDistrict Court, D. Montana · 2000
  5. Amalgamated Transit Union Int'l v. U.S. Dept. of LaborDistrict Court, E.D. California · 2021

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