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PATRY v. ROSENTHAL & CO.

Civ. A. No. 81-1409.

534 F.Supp. 545 (1982)

Gene J. PATRY, Plaintiff, v. ROSENTHAL & COMPANY and Arthur Goldstein, Defendants.

United States District Court, D. Kansas.

March 15, 1982.

Attorney(s) appearing for the Case

C. Robert Bell, Wichita, Kan., for plaintiff.

Louis Clinton Burr, Gen. Counsel, Rosenthal & Co., Richard D. Greene, Morris Laing, Evans, Brock & Kennedy, Wichita, Kan., for defendants.

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...

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