Legal Opinion
Patry v. Rosenthal & Co.
District Court, D. Kansas
Decided March 15, 1982No. Civ. A. 81-1409PublishedCited by 10 opinions
1Opinion of the Court
ORDER OVERRULING DEFENDANTS’ MOTION TO DISMISS
THEIS, District Judge.
This case is before the Court on defendants’ motion to dismiss. Defendants claim that the Commodity Exchange Act (CEA) grants exclusive and preemptive adjudicatory jurisdiction for broker-customer disputes such as are involved in this case to the reparations forum conducted by the Commodity Futures Trading Commission (CFTC). Defendants further claim that even if this Court finds no preemption of jurisdiction, the Court should exercise the doctrine of primary jurisdiction in favor of the CFTC and refrain from deciding this…
2Cases cited32 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Perez. v. CampbellSupreme Court of the United States · 1971
27 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- American Agriculture Movement, Incorporated v. The Board Of Trade Of The City Of ChicagoCourt of Appeals for the Seventh Circuit · 1992
- American Agriculture Movement, Inc. v. Board of TradeCourt of Appeals for the Seventh Circuit · 1992
- Rupert v. Clayton Brokerage Co. of St. Louis, Inc.Colorado Court of Appeals · 1985
- Sinclair & Co., Inc. v. GuruleIdaho Court of Appeals · 1988
- Mallen v. Merrill Lynch Futures, Inc.District Court, N.D. Georgia · 1985
5 more not listed; retrieve them via the Exa API.