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DELAY v. ROSENTHAL COLLINS GROUP, LLC

No. 08-4557.

585 F.3d 1003 (2009)

Todd J. DELAY, Plaintiff-Appellant, v. ROSENTHAL COLLINS GROUP, LLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 27, 2009.

Attorney(s) appearing for the Case

ARGUED: James G. Vargo, James E. Arnold & Associates, LPA, Columbus, Ohio, for Appellant. Jeffrey A. Schulman, Wolin, Kelter & Rosen, Ltd., Chicago, Illinois, for Appellee. ON BRIEF: James G. Vargo, James E. Arnold & Associates, LPA, Columbus, Ohio, for Appellant. Jeffrey A. Schulman, Wolin, Kelter & Rosen, Ltd., Chicago, Illinois, for Appellee.

Before: SUTTON, KETHLEDGE, and WHITE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

Todd Delay filed this suit against his former employer, Rosenthal Collins Group, LLC (RCG), seeking indemnification for legal expenses incurred in successfully defending a prior suit brought against him under the Commodities Exchange Act (CEA), 7 U.S.C. § 1 et seq. The district court dismissed Delay's claim, finding it preempted by federal law. We respectfully disagree, and thus vacate and remand.

I...

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